A former garbage hauler is appealing Warren County’s decision in July to revoke a permit to pick up trash from homes and businesses, court records show.

The Board of Supervisors had cut ties with Billy Drake, who contracted with about 400 customers in the southeastern part of the county outside Vicksburg, whose permit was revoked for the third time in four years. Supervisors said Drake failed to update his customer list and pay surcharges that keep the county compliant with state law on garbage disposal.

In an appeal filed July 26 in Warren County Circuit Court, which handles appeals of county board decisions, Drake argues the board’s decision “was not made based on substantial evidence but was arbitrary and capricious, thereby in violation of his contractual rights.” It asks for unspecified compensation. Drake is represented by Vicksburg attorney Marshall Sanders, who’d spoken on Drake’s behalf at a board meeting in July.

The county has denied the accusations and said the court lacks jurisdiction due to Drake’s failure to file a bill of exception with the court.

The appeal is before Judge Isadore Patrick.

The service’s permit, formerly held off and on for about 45 years by Drake’s late father, Leon, was revoked for a time in September 2008 and July 2009 for tardy payments, improperly equipped trucks and other issues.

Outside Vicksburg, residents and businesses must contract for their own garbage pickup. A $1.25 surcharge added to the approximately 6,200 such customers funds the county’s environmental office, a function of an environmental clerk and the building permit field officer. The office tracks the number of paying customers to satisfy disposal laws enforced by the Mississippi Departmental of Environmental Quality. Garbage may be taken to commercial receptacles, with permission from the owner.

Four haulers hold permits to pick up garbage outside Vicksburg — Waste Management, Earth Friends Environmental Services, Waste Pro of Mississippi and Oscar Mayfield.