Rules
The rules listed below were adopted by the Authority Board of Trustees as authorized by the Ohio Revised Code to ensure the implementation of the Solid Waste Management Plan for the District.
• RULE 1-93:
- DEFINITIONS
• RULE 2-93:
- DELIVERY OF SOLID WASTE TO DESIGNATED FACILITIES
• RULE 3-93:
- IMPROVEMENTS TO SOLID WASTE FACILITIES
• RULE 4-93:
- COMPLIANCE OF IMPROVEMENTS TO SOLID WASTE PLAN
• RULE 5-93:
- PROHIBITION ON DISPOSAL OF RECYCLABLE MATERIAL
• RULE 6-93:
- PROHIBITION ON COMBINING RECYCLABLE MATERIALS WITH SOLID WASTE
• RULE 7-93
- WAIVER FROM DESIGNATION
• RULE 1-98:
- REQUIREMENT FOR DISPOSAL OF SOLID WASTE GENERATED WITHIN THE
JURISDICTION OF THE SOLID WASTE AUTHORITY OF CENTRAL OHIO AT
DESIGNATED FACILITIES OF THE SOLID WASTE AUTHORITY OF CENTRAL OHIO
• RULE 2-98:
- REQUIREMENT FOR SUBMISSION AND CONSIDERATION OF PRE-EXISTING
CONTRACTS AND WAIVER AGREEMENT IDENTIFICATION
• RULE 3-98:
- REQUIREMENT FOR SUBMISSION AND CONSIDERATION OF PRE-EXISTING
CONTRACTS AND WAIVER AGREEMENT IDENTIFICATION
• RULE 4-98:
- DETERMINATION OF VALID PRE-EXISTING CONTRACTS WHICH ARE NOT
SUBJECT TO RULE 3-98
• RULE 1-2006
- EXEMPTION OF AUTOMOTIVE SHREDDER RESIDUE FROM THE GENERATION FEE
ESTABLISHED IN OHIO REVISED CODE SECTION 3734.573
• RULE 2-2006
- EXEMPTION OF AUTOMOTIVE SHREDDER RESIDUE FROM WAIVER FEE
• RULE 3-2006
- SWACO RULES OF CONDUCT AND SAFETY
RULE 1-93:
DEFINITIONS
All capitalized terms used in the Rules adopted by the Authority shall have the meanings established herein:
"Acceptable Waste" means that portion of Solid Waste that is normally disposed of by the occupants of residential dwelling units and by business, political subdivisions or part thereof, industrial and commercial establishments in Franklin County Solid Waste Management District at the Sanitary Landfill or incinerated for resource recovery at the Waste-To-Energy Facility or capable of Processing at a designated Solid Waste Facility, but does not include any Hazardous Waste, Recycled Recyclable materials, Yard Waste, and other Unacceptable Waste (as hereinafter defined). If any governmental agency or unit having appropriate jurisdiction shall determine that substances which are not, as of the date of this Rule, considered harmful, toxic, or dangerous, are in fact harmful, toxic or dangerous or are hazardous or harmful to health, then any such substances or materials shall thereafter constitute Hazardous Waste or Unacceptable Waste for purposes of this Rule.
"Authority" shall mean the Solid Waste Authority of Central Ohio with its principal offices located at 4239 London-Groveport Road, Grove City, Ohio 43123.
"Designated Solid Waste Facility" shall mean those Solid Waste transfer, disposal, recycling, or resource recovery facilities designated in the Plan or as may hereafter become designated pursuant to Sections 343.013, 343.014 or 343.015 of the Revised Code.
"Generator" means a person who produces or creates any Solid Waste.
"Hazardous Waste" means Solid Waste which, by reason of its listing, composition or characteristics is a hazardous waste (as defined in the Resource Conservation and Recovery Act, 42 U.S.C Section 6901 et seq., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980) and related federal, state and local laws and regulations, or in any additional or substitute federal, state or local laws and regulations pertaining to the identification, treatment, storage or disposal of toxic substances or hazardous wastes); as any of the foregoing is from time-to-time amended or replaced.
"Landfill Certified Waste" means a dedicated load of Solid Waste that is deemed Unacceptable Waste at the Waste-To-Energy Facility under the provisions of B(i) through B(ix) of Rule 1-93 and does not consist of principally Recyclable Material and is pre-approved by the Authority for Sanitary Landfill disposal or any Solid Waste that the Authority determines is in its best interest to dispose at a Sanitary Landfill.
"Plan" shall mean the Solid Waste Management Plan of the Authority initially approved by the Director of the Ohio Environmental Protection Agency on May 14, 1993 and as may from time-to-time be amended.
"Processed Infectious/Pathological Waste" means a portion of Solid Waste consisting of Infectious/Pathological Waste which has been rendered non-infectious by sterilization, incineration or other equally effective processing technique. Click Here to view the Authority’s “Medical Waste Disposal Policy”.
"Process or Processed" means incineration for resource recovery of Solid Waste or removal of Recyclable Materials, other than Source Separation at a Designated Solid Waste facility.
"Recyclable Material" means those Source Separated, commingled, pre-sorted materials and other Solid Waste generated by persons within the Franklin County Solid Waste Management District capable of being Processed and that can be recovered for reuse in present or reprocessed form. Such materials are identified in the Plan and include, but are not necessarily limited to, glass bottles and jars, paper, metal products and containers, plastics, fiber material and other similar materials.
"Recycle or Recycled or Recycling" means the process of collecting, separating, cleansing, treating and reconstituting Recyclable Material that would otherwise be disposed in a solid waste disposal facility and returning reconstituted material to commerce as commodities for use or exchange.
"Rule" means the action of the Board of Trustees of the Authority in promulgating, adopting and publishing such action as a rule of the Authority as reserved in the Plan and authorized by Sections 343.01 (G) and 3734.53 of the Revised Code, as now existing or hereafter amended.
"Sanitary Landfill" means the existing sanitary landfill owned and operated by the Authority located at 3851 London-Groveport Road in Jackson Township or any vertical or horizontal expansion thereto.
"Solid Waste" means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining or demolition operations, or other waste materials of the type that would normally be included in demolition debris, nontoxic fly ash, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to, garbage, tires, combustible and non-combustible material, street dirt, and debris. "Solid Waste" does not include any material that is an infectious waste or a hazardous waste.
"Source Separate or Source Separation" means the process of separating, or separation of, Recyclable Materials from other Solid Waste at the location where generated for the purpose of Recycling.
"Source Separated Recyclable Materials" means materials that (i) are separated from Solid Waste at the location where generated in accordance with these Rules and (ii) are Recycled.
"Special Handling Waste" means a portion of Solid Waste which consists of Sludge, Treated Infectious/Pathological Waste, Ash Residue, Contaminated Soil and other materials requiring additional handling by the Authority prior to normal disposal.
"Unacceptable Waste"
A. The following types of Solid Waste are Unacceptable Waste at the Sanitary Landfill:
(i) Infectious/pathological or biological waste
(ii) Chemotherapeutic waste
(iii) Radioactive materials
(iv) Hazardous Waste
(v) Explosive and ordnance materials
(vi) Drums, barrels, buckets and other containers unless lids have been removed and interiors are cleaned and free of residue in accordance with regulations. Click Here to view the Authority's "Empty Container Policy"
(vii) Liquid waste including used motor oil
(viii) Asbestos
(ix) Yard Waste
(x) Whole tires
(xi) Lead acid batteries
(xii) Motor vehicles and major motor vehicle parts as transmissions, rear ends, frames, springs and fenders, agricultural and farm machinery and equipment, marine vessels and major parts thereof, and any other types of large equipment or machinery.
(xiii) Gas cylinders, unless empty and delivered separate from other Solid Waste
(xiv) Contaminated soil - soil which contains petroleum based products.
(xv) "Shredder Fluff" - means material generated by metal reclaimers from the shredding of automobiles, light duty trucks, motor vehicle engines, household appliances (including white goods) and other miscellaneous metal parts, which is primarily non-metallic flammable agglomeration of, among other things, plastics, polyvinyl chlorides, solid and foam rubber, synthetic and natural fibers and glass, which may contain small amounts of oil, grease, automotive fluids, dirt and other matter.
(xvi) Solid Waste generated outside of the Franklin County Solid Waste Management District, unless approved in writing by the Executive Director.
B. The following types of Solid Waste are Unacceptable Waste at the Waste-To-Energy Facility (Including the Waste Transfer Stations):
(i) All of the waste described above in A(i) through A(xii) and A(xiv).
(ii) Ashes; top soil, dirt or stones; concrete blocks, brick or stones.
(iii) Foundry sand; bulk dust or powders in any type of containers.
(iv) Sewerage sludge, septic or sanitary waste; liquids or sludge (more than 30 percent water).
(v) White Goods containing refrigerants and White Goods without refrigerants, except in small quantities incidental to the load.
(vi) Non-combustible construction and demolition material; steel or copper cable and wire; hardened steel of any type.
(vii) Animal remains including hides, skins or other parts; animal fecal matter or bulk bedding; waste food, bulk or in containers.
(viii) Oversize or bulky wastes, except in small quantities incidental to the load. This includes wire and chain link fence in rolls, bundles or bales; furniture; rolls of carpet, mattresses, drapes and box springs; large rolls of vinyl, naugahyde or other plastics; large tree limbs; whole tires; bales including paper, plastic, and cardboard.
(ix) High pressure tanks of oxygen, acetylene or propane; gas tanks, fuel tanks or fuel containers, empty or triple rinsed; flammable liquids, liquid paint, used motor oil, gasoline; explosives, gun powder or ammunition; corrosive, caustic or reactive chemicals; lead acid batteries; insecticides pesticides, herbicides, poisons or other toxic chemicals.
"Waste-To-Energy-Facility" means the resource recovery facility operated by the Authority and located at 2500 Jackson Pike in the City of Columbus.
"White Goods" means a portion of Solid Waste consisting of large appliance (i.e. weighing more than fifty pounds) including the following:
(i) Air conditioners
(ii) Clothes and Drying Machines
(iii) Dish Washers
(iv) Furnaces and Electrical Heaters(v) Hot Water Heaters
(vi) Refrigerators and Freezers
(vii) Stoves and Ovens
"Yard Waste" means all garden residues, leaves, grass clippings, shrubbery and tree prunings less than one-quarter inch in diameter, and similar material.
Back to the Top
RULE 2-93:
DELIVERY OF SOLID WASTE TO DESIGNATED FACILITIES
No person shall deliver Solid Waste to any facility other than a solid waste facility designated in the Plan unless pursuant to a waiver granted to such person by the Authority.
Back to the Top
RULE 3-93:
IMPROVEMENTS TO SOLID WASTE FACILITIES
No person, municipal corporation, township or other political subdivision shall construct, enlarge or modify any solid waste transfer, disposal, recycling, or resource recovery facility until general plans and specifications of the proposed improvement have been submitted to and approved by the Board of Trustees of the Authority as complying with the Plan. General plans and specifications shall be submitted to the Authority, attention: Executive Director, 3011 Columbus St., Suite 203, Grove City, Ohio 43123. All such general plans and specifications shall be clearly marked as complying with the requirements of this Rule Number 3-93 and Section 343.01(G)(2) of the Revised Code.
Back to the Top
RULE 4-93:
COMPLIANCE OF IMPROVEMENTS TO SOLID WASTE PLAN
No person, municipal corporation, township, or other political subdivision, shall construct, modify or enlarge any solid waste transfer, disposal, recycling, or resource recovery facility that does not comply with the Plan.
Back to the Top
RULE 5-93:
PROHIBITION ON DISPOSAL OF RECYCLABLE MATERIAL
No person shall incinerate or landfill Recyclable Materials without the prior written consent of the Authority.
Back to the Top
RULE 6-93:
PROHIBITION ON COMBINING RECYCLABLE MATERIALS WITH SOLID WASTE
No person shall combine Recycled Recyclable Materials with Solid Waste that is intended for Processing or landfilling without the prior written consent of the Authority.
Back to the Top
RULE 7-93:
WAIVER FROM DESIGNATION
Any person may request, in writing, that the Authority grant a waiver permitting the delivery of Solid Waste to a solid waste facility other than a solid waste facility designated in the Plan. All written waiver requests must include an explanation in support of the waiver request demonstrating that the waiver, if granted, (1) is not inconsistent with the projections contained in the Plan; (2) will not adversely affect the implementation and financing of the Plan as provided in the implementation schedule contained in the Plan; or (3) that the Solid Waste, the subject of the waiver request, is exempt from delivery to a solid waste facility designated in the Plan pursuant to applicable law or Rules of Authority. All such waiver requests shall be submitted to the Authority, attention: Executive Director, 3011 Columbus St., Suite 203, Grove City, Ohio 43123. All such waiver requests shall be clearly marked as complying with the requirements of this Rule Number 7-93 and Section 343.01(I)(2) of the Revised Code.
Back to the Top
RULE 1-98:
REQUIREMENT FOR DISPOSAL OF SOLID WASTE GENERATED WITHIN THE JURISDICTION OF THE SOLID WASTE AUTHORITY OF CENTRAL OHIO AT DESIGNATED FACILITIES OF THE SOLID WASTE AUTHORITY OF CENTRAL OHIO.
No individual, public or private corporation, partnership, political subdivision or agency thereof, or other entity shall deliver, or cause the delivery of, any solid waste generated within the jurisdiction of the Solid Waste Authority of Central Ohio ("Franklin Waste") to any solid waste facility other than: 1. the Franklin County Sanitary Landfill, 2. the Morse Road Transfer Station, 3. the Alum Creek Transfer Station, 4. the Georgesville Road Transfer Station, 5. the Jackson Pike Transfer Station (collectively referred to as “Designated Facilities”); or 6. a disposal facility outside the boundaries of the State of Ohio. Notwithstanding the forgoing, Franklin Waste may be delivered to any disposal facility in the State of Ohio, provided either a waiver from this rule has been granted by the Solid Waste Authority of Central Ohio ("SWACO") in accordance with Section 343.01(I)(2) of the Ohio Revised Code ("Waiver"), or a contract permitting the disposal of Franklin Waste at a facility other than a Designated Facility has been reviewed and determined by SWACO to be a valid pre-existing contract pursuant to Rule 3-98 or Rule 4-98 ("Valid Pre-existing Contract"). Franklin Waste exempt from this Rule 1-98 pursuant to a Valid Pre-existing Contract is exempt only during the Rule 3-98 or Rule 4-98 Exemption Period (as defined in Rule 3-98 or Rule 4-98). Any Waiver granted by SWACO, including the payment to SWACO of a waiver fee (“Waiver Fee”), shall be the subject of a waiver agreement between SWACO and the grantee facility setting forth the terms of such Waiver and Waiver Fee ("Waiver Agreement"). For the purpose of this rule, "solid waste" shall exclude any waste which the SWACO Board of Trustees shall determine is unacceptable at the SWACO Designated Facilities.
Back to the Top
RULE 2-98:
REQUIREMENT FOR SUBMISSION AND CONSIDERATION OF PRE-EXISTING CONTRACTS AND WAIVER AGREEMENT IDENTIFICATION.
Any contract for the disposal of Franklin Waste which is claimed to be a Valid Pre-existing Contract and exempt from the requirements of Rule 1-98 must be made available for inspection by SWACO no later than December 15, 1998. Such contracts may be delivered to the offices of SWACO located at 6220 Young Road, Grove City, Ohio or made available for inspection by SWACO during regular business hours at the offices of the party requesting the waiver pursuant to Rule 3-98 or 4-98. SWACO shall determine whether each such contract is a Valid Pre-existing Contract no later than March 1, 1999. The quantity of waste (measured in tons) covered by each such Valid Pre-Existing Contract shall be identified in a Waiver Agreement.
Back to the Top
RULE 3-98:
REQUIREMENT FOR SUBMISSION AND CONSIDERATION OF PRE-EXISTING CONTRACTS AND WAIVER AGREEMENT IDENTIFICATION.
Each contract for the collection and/or disposal of Franklin Waste between a local political subdivision and a service provider which was either entered into, or the bids for which were received, by the local political subdivision on or before October 3, 1998, shall be a Valid Pre-existing Contract for the purposes of Rule 1-98. The Franklin Waste collected and disposed pursuant to such Valid Pre-existing Contract is exempt from Rule 1-98 until December 31, 1999 or, if later, until the earlier of either: (1) the date the initial term ends, or (2) the date that a provision of such Valid Pre-existing Contract permits either: (a) termination by the local political subdivision, or (b) pass-through of the Waiver Fee, or Retired Facility Fee (as such Retired Facility Fee is defined by SWACO as a part of SWACO’s rates and charges), by the service provider ("Rule 3-98 Exemption Period"). Upon the expiration of the Rule 3-98 Exemption Period, such Franklin Waste shall be subject to Rule 1-98 and the levy and collection of the Waiver Fee if disposed at a solid waste facility outside the jurisdiction of SWACO but within the State of Ohio and the collection of the Retired Facility Fee if disposed at a SWACO Designated Facility.
Back to the Top
RULE 4-98:
DETERMINATION OF VALID PRE-EXISTING CONTRACTS WHICH ARE NOT SUBJECT TO RULE 3-98.
To be determined a Valid Pre-existing Contract pursuant to this Rule 4-98, a contract must comply with each of the following: (1) execution date prior to August 11, 1998, and (2) both (a) a price for the collection and disposal of Franklin Waste, which price cannot be adjusted to include the Waiver Fee as part of the price, and (b) a stated term of the contract which would not permit termination of the contract by either party for any reason which would permit the adjustment of pricing. If SWACO determines that a contract meets the foregoing criteria, the landfill or the hauler must provide a certification to SWACO, in the form provided by SWACO, attesting to the authenticity of the Pre-existing Contract, following which SWACO shall make the determination that the subject contract is a Valid Pre-existing Contract. The Franklin Waste collected and disposed pursuant to such Valid Pre-existing Contract is exempt from Rule 1-98 until the earlier of either the date the initial term ends or the date that a provision of such Valid Pre-existing Contract permits either termination by the parties or pass-through of the Waiver Fee or Retired Facility Fee by the landfill or hauler ("Rule 4-98 Exemption Period"). Upon the expiration of the Rule 4-98 Exemption Period, such Franklin Waste shall be subject to Rule 1-98 and the levy and collection of the Waiver Fee if disposed at a solid waste facility outside the jurisdiction of SWACO but within the State of Ohio and the collection of the Retired Facility Fee if disposed at a SWACO Designated Facility.
Back to the Top
RULE 1-2006
EXEMPTION OF AUTOMOTIVE SHREDDER RESIDUE FROM THE GENERATION FEE ESTABLISHED IN OHIO REVISED CODE SECTION 3734.573.
A. Automotive Shredder Residue generated within the Solid Waste Management Authority of Central Ohio’s Solid Waste Management District is hereby exempted from the Generation Fee established by section 3734.573 of the Ohio Revised Code.
B. For the purposes of this Rule, the following words or terms shall have the indicated meanings:
(1) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting waste or other discarded materials for the purpose of recovering and reusing the materials.
(2) "Automotive Shredder Residue" means the nonrecyclable residue that is generated as a direct result of processing Automotives, appliances, sheet steel, and other ferrous and nonferrous scrap metals through a hammermill shredder for purposes of recycling and that meets all of the following requirements:
(a) The residue is solid waste.
(b) The residue is not hazardous waste.
(c) The residue created during the recycling process comprises not more than thirty-five per cent of the total weight of material that is processed for recycling.
(d) The residue is generated by processing recycled materials that are to be sold, used, or reused within ninety days of the time when the material is processed.
2. The Executive Director is authorized to establish procedures and requirements, including record-keeping procedures and requirements, necessary for the administration and enforcement of the exemption established by this Resolution.
3. The Executive Director is hereby authorized and directed to notify the owner or operator of each solid waste disposal facility or transfer facility which collects generation fees on SWACO’s behalf pursuant to law.
Back to the Top
RULE 2-2006
EXEMPTION OF AUTOMOTIVE SHREDDER RESIDUE FROM WAIVER FEE
A. Automotive Shredder Residue generated within the Solid Waste Management Authority of Central Ohio’s Solid Waste Management District is hereby exempted from the $7.00 Waiver Fee established by SWACO Rules 1-98 through 4-98, as adopted by this Board in Resolution 110-98 and confirmed in Board Resolution 145-04.
B. For the purposes of this Rule, the following words or terms shall have the indicated meanings:
(1) "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting waste or other discarded materials for the purpose of recovering and reusing the materials.
(2) "Automotive shredder residue" means the nonrecyclable residue that is generated as a direct result of processing Automotives, appliances, sheet steel, and other ferrous and nonferrous scrap metals through a hammermill shredder for purposes of recycling and that meets all of the following requirements:
(a) The residue is solid waste.
(b) The residue is not hazardous waste.
(c) The residue created during the recycling process comprises not more than thirty-five per cent of the total weight of material that is processed for recycling.
(d) The residue is generated by processing recycled materials that are to be sold, used, or reused within ninety days of the time when the material is processed.
Back to the Top
RULE 3-2006
SWACO RULES OF CONDUCT AND SAFETY
Article I. Definitions
For the purposes of these Rules, the following words or phrases shall have the definitions set forth below.
1.1. SWACO Owned or Leased Property means the Franklin County Sanitary Landfill, the Transfer Stations, the City Of Columbus Waste To Energy Facility, and any facility designated by SWACO from time to time.
1.2. Loitering means to remain at a location for more than 10 minutes for purposes other than the disposal or unloading of solid waste.
1.3. Motor Vehicle is defined as any self-propelled conveyance including, without limitation, automobile, truck, or other self-propelled or motorized piece of landfill or transfer station equipment.
1.4. Notice Of Infraction means a written notice issued to a Person indicating an infraction of any Rule set forth herein and indicating the date, place of infraction, name of Violator, the Rule violated, a brief description of the circumstances underlying the Infraction, and the name of the SWACO employee issuing the Notice Of Infraction.
1.5. Person is defined as any visitor, invitee, or licensee to any SWACO Owned or Leased Property.
1.6. Rule means the "Rules of Conduct And Safety" set forth in Article 2 and its subparagraphs.
1.7. Scavenging means the removal by unauthorized Personnel of materials from the solid waste stream at waste handling areas of a solid waste disposal facility or solid waste transfer facility.
1.8. Suspension means being temporarily barred from entering upon any SWACO Owned or Leased Property.
1.9. Transfer Stations are those solid waste transfer stations operated by SWACO located at Jackson Pike, Morse Road, Georgesville Road, and such other locations as designated by SWACO from time to time.
1.10. Warning is a notice, in verbal or written form, issued by SWACO employees indicating to the recipient that a Rule has been violated by the recipient.
Article II. Rules Of Conduct and Safety
The following Rules shall apply to all non-SWACO Persons who are moving on, in, or about any portion of SWACO Owned or Leased Property.
2.1. 10 MPH Speed Limit.
2.2. Safety Vest Or Safety Shirt Required In Designated Areas. The safety vest or shirt must be worn as the outermost garment with reflective material facing outward.
2.3. All Motor Vehicles Must Be Tarped. All motor vehicles must be tarped when entering and exiting SWACO facilities.
2.4. No Littering.
2.5. Use Only Designated Tarping/Untarping Area(s).
2.6. Follow Direction(s) Of SWACO Employees. No Person shall fail to respond and act in accordance with verbal or hand directions of designated SWACO employees.
2.7. Stay Within Six (6) Feet Of Motor Vehicle At Unloading Zone.
2.8. Landfill Or Transfer Station Equipment Has The Right-Of-Way At All Times.
2.9. Follow The Truck Wash Directions.
2.10. No Bypassing Rumble Strips.
2.11. No Smoking Except In Designated Areas.
2.12. No Loitering.
2.13. No Scavenging.
2.14. ID’s Required. Photo identification shall be provided upon request.
Article III. Issuance Of Warnings Or Notices Of Infraction
3. Issuance of Warnings or Notices Of Infraction. Only those SWACO employees designated by SWACO's Executive Director may issue a Notice of Infraction or Warning for an infraction of the Rules.
3.1. A Notice Of Infraction shall be in written form and shall be provided to the Person committing the infraction as soon as possible after the occurrence of the infraction.
3.1.1. The recipient's employer shall not be informed of the issuance of a Notice Of Infraction to the recipient unless an employer requests, in writing, that it be informed of the issuance of any such infraction.
3.2. A Warning may be issued in verbal or written form and shall indicate the nature of the infraction and the Rule violated.
3.2.1. The recipient's employer shall not be informed of the issuance of a Warning to the recipient unless an employer requests, in writing, that it be informed of the issuance of any such Warning.
3.3. A Notice of Infraction shall be issued to any person who enters upon SWACO Owned or Leased Property while on Suspension.
Article IV. Administration Of Penalties
Pursuant to this Article IV, the Executive Director or his designee may suspend and/or place a Person on probation for violating the Rules set forth in Article 2.
4.1. Upon the issuance of any Notice Of Infraction, the Executive Director or his designee shall cause an investigation to be conducted into the events, facts, and circumstances that caused the issuance of the Notice Of Infraction.
4.2. Prior to suspending a Person or placing a Person on probation, the Executive Director or his designee shall conduct a hearing in which the evidence against the Person shall be presented and the Person shall be given an opportunity to make a statement regarding the events, facts, and circumstances that resulted in the issuance of the Notice Of Infraction and any mitigating circumstances affecting the imposition of a term of suspension or probation. The hearing shall be held at a time and place designated by the Executive Director or his designee. The Person committing the alleged violation shall be provided with at least three days written notice of the date and time of the hearing, which notice may be served upon the Person by hand or by certified U.S. mail, postage prepaid, mailed to the Person’s last known address. The notice shall describe the infraction to be heard at the hearing and shall indicate the maximum length of time that the Person may be suspended and/or placed on probation as a result of the Notice Of Infraction. A copy of the Notice Of Infraction shall be attached to the hearing notice.
4.3. After holding the hearing required by this Article 2, the Executive Director or his designee shall review and consider the evidence heard and indicate in writing whether the Person has committed the infraction set forth on the Notice Of Infraction; whether there is good cause to place the Person on suspension and/or probation and if so, the length of time that the Person shall be placed upon suspension and/or probation and the date or dates that such suspension and/or probation shall commence and terminate. The Executive Director or his designee shall cause a copy of such decision to be delivered to the last known address of the Person.
4.3.1. If a Person has been suspended from entering upon or about the premises of SWACO Owned Or Leased Property, such Person’s employer shall not be informed of such suspension or probation unless that Person’s employer requests, in writing, that it be informed of any such terms of suspension or probation.
4.4. If a Person is found by the Executive Director or his designee to have violated a Rule or to have entered upon SWACO Owned or Leased Property while on Suspension for which a Notice Of Infraction was issued, that Person shall be subject to the following penalties:
4.4.1. If a Person is issued a Notice Of Infraction and is found by the Executive Director or his designee to have violated a Rule, the Person may be suspended from entering upon or using the facilities of any SWACO Owned or Leased Property for a period not to exceed five business days and/or placed on probation for a period not to exceed one year.
4.4.2. If a Person is on probation and is issued a Warning or Notice Of Infraction during the term of such probation, such Person may be suspended from entering upon or using the facilities of any SWACO Owned or Leased Property for a period not to exceed five business days and/or placed on an additional period of probation not to exceed one year.
4.4.3. If while on suspension a Person enters upon or about the premises of any SWACO Owned Or Leased Property, that Person may be suspended for an additional period of time not to exceed 15 business days and/or placed on probation for an additional period of time not to exceed one year.
4.5. Administration of penalties for infraction of the Rules does not preempt or limit any applicable criminal or civil prosecution and will be enforced in addition to any civil or criminal penalty assessed by a court of law.
4.6. Except when a Person is serving a term of probation, a Person may be issued any number of Warnings without penalty.
4.6. Except when a Person is serving a term of probation, a Person may be issued any number of Warnings without penalty.
Back to the Top
|