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Town of Pacific, WI
Columbia County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[Adopted 9-18-2012 by Ord. No. 2012-31]
The purpose of this article is to regulate the collection and hauling of waste and recycling materials by individuals, corporations and municipalities within the Town of Pacific. Because of the possible danger to the environment and to the health, safety and welfare of the public, such hauling within the Town shall only be permitted under the terms and conditions set forth below. This article repeals and replaces any previously adopted Town ordinance as to those matters that are provided for in this article.
For the purpose of this article, the following words and phrases shall have the meanings assigned to them by this section:
HAULER
Any person who engages in the business of collecting or hauling garbage, municipal waste, recyclable material, agricultural waste, landscape waste, brush or other refuse on a continuous and regular basis, and makes multiple scheduled collections per month within the Town.
HAULING
The collecting or transporting of garbage, municipal waste, recyclable material, agricultural waste, landscape waste, brush or other refuse beyond the property limits from where it originated.
A. 
Except as expressly excluded pursuant to § 400-22 below, no hauler shall engage in the collection of municipal waste, recyclable materials, agricultural waste or landscape waste from any individual resident, single-family home, multifamily home, farm, commercial business or institutional facility within the Town without first having applied for and obtained a license to do so from the Town.
(1) 
Every person, firm or corporation desiring a permit under this section shall file with the Town Clerk a written application therefor on the applicable form approved by the Town. Each permit shall be filed by the Town Clerk and shall name the licensee and the conditions applicable to that permit, and the same shall not be delivered until the applicant shall pay to the Town Clerk the permit fee, which shall be established in a resolution to be adopted by the Town Board.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
Each permit shall be issued annually and shall expire on June 30 of each year, or thereafter whenever applied for, and shall continue in force from date of issuance until the succeeding June 30, unless sooner revoked for any violation of any of the conditions set forth in the permit.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
Requirements for the moving of buildings are provided elsewhere under the Town's ordinances.
A. 
The following hauling activity shall not require a waste and recycling hauling permit but are subject to the requirements in §§ 400-23 and 400-26B.
(1) 
Farms on which only animal waste resulting from the operation of that farm is being disposed of.
B. 
The following shall not be deemed to come within the scope or meaning of this article:
(1) 
Any hauling operation under the direction and control of the Town.
Persons, corporations or municipalities who obtain a permit pursuant to this article to engage in waste and recycling hauling operations shall be subject to the following regulations:
A. 
All operators must hold and maintain a valid driver's license.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
All permit holders shall maintain liability insurance covering their hauling operators within the Town and shall file with the Town current certificates of insurance verifying that such insurance is in effect.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
The hauling operations must be conducted in such a way as to not constitute a public or private nuisance.
D. 
Persons, corporations or municipalities engaged in hauling operations must conduct the operations in such a way that dust, dirt, waste, debris and other materials or substances will not be allowed to litter, spill or leak. If such incident does occur, the hauler shall promptly clean up the material within 24 hours of occurrence at no cost to the Town.
E. 
No infectious, hazardous and radioactive waste may be hauled which has not been identified in the application for the hauling permit.
F. 
Infectious, hazardous and radioactive wastes shall be hauled in accordance to the procedures approved by the State of Wisconsin.
G. 
The size of container, if required, and frequency of removal shall be determined between the hauler and the customer.
H. 
All loads of livestock waste shall be completely covered during transportation except for farms on which only animal waste resulting from the operation of that farm is being disposed of.
I. 
Damaged or unsafe containers must be replaced within 48 hours after receiving a notice from a representative of the Town regarding that condition.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
J. 
Damage to Town property caused by any operator shall be immediately reported to the Town and the damage repaired within seven days of the date that the damage is sustained.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
K. 
Vehicles and containers for the containment and transportation of wastes.
(1) 
Vehicles and containers used for the collection and transportation of garbage shall be covered, leakproof, durable and easily cleanable. They shall be cleaned as often as necessary to prevent a nuisance and insect breeding and shall be maintained in good repair.
(2) 
Vehicles and containers used for the collection and transportation of solid waste shall be loaded and moved in such a manner that the contents will not fall, leak or spill, and shall be covered to prevent the blowing of material. If spillage or leakage should occur, the material shall be recovered immediately by the registrant and returned to the vehicle or container, and the area properly cleaned.
(3) 
Farm vehicles and containers used for the disposing of animal waste on the same property as its origin shall be loaded and moved in such a manner that the contents will not fall, leak or spill in the public right-of-way. If spillage or leakage should occur, the material shall be recovered immediately by the registrant and returned to the vehicle or container, and the area properly cleaned.
An application for each license shall be made in writing to the Town on the form provided by the Town, shall be verified by the applicant, and shall contain the following information:
A. 
The application shall show the name and address of the applicant. If the applicant is a partnership, the application shall show for each partner his name and address and interest and also all information required by Subsections B and C of this section. If the applicant is a corporation, the application shall show the name and address of the registered agent, and with respect to each director and each shareholder owning 5% or more of the corporation's shares, his name and address, the information required by Subsection C of this section and, in addition, with respect to each director and shareholder owning more than 25% of the shares, the information required by Subsection B of this section.
B. 
The experience of the applicant in the collection, transport and disposal of refuse and the applicant's (or principal owner's) business experience (or a related field) during the five-year period immediately preceding the date of the application.
C. 
The rates or a schedule of rates proposed to be charged.
D. 
The number and kind of vehicles owned and controlled by the applicant, and the number and kind of vehicles proposed to be licensed hereunder for use in the collection of waste or recyclable materials from within the Town's boundaries. An application may be amended from time to time during the license period to provide for increases or reductions in the number of vehicles.
E. 
The location of the applicant's office and garage.
F. 
The color scheme, insignia and trade name to be used to designate the vehicles of the applicant.
G. 
A description of each vehicle including the vehicle identification number and license plate number of the vehicle.
H. 
A policy or certificate of insurance, issued by a company acceptable to the Town, showing proof of insurance as required by state and federal regulations.
I. 
Such other information as the Town may require from time to time.
As a condition for the issuance of a permit, the Town shall require the applicant to post a one-thousand-dollar bond for the hauling of waste and recycling, the condition of which shall be compliance with the provisions of this article and any penalties imposed hereunder shall be paid. The bond shall be approved by the Town Board, conditioned upon, among other things, the indemnification to the Town for any costs or expenses incurred by it in connection with any claims for damages to any persons or property and the payment of any judgment together with the costs and expenses incurred by the Town in connection therewith arising out of the hauling of waste and recycling for which approval is issued.
The Board shall require, in addition to the said bond indicated above, the licensee to maintain the full insurance coverage required herein at all times, and a duplicate certificate of insurance shall be deposited with the Town Clerk and shall provide that such insurance may not be canceled except upon 30 days' prior written notice to the Town. The licensee shall procure and maintain at its own cost and expense any additional kinds and amounts of insurance which, in the licensee's own judgment, may be necessary for its proper protection. All policies or certificates of insurance shall be in an acceptable form. The hauler shall maintain insurance policies, including but not limited to:
A. 
Worker's compensation insurance.
B. 
Comprehensive general liability insurance.
C. 
Business auto liability insurance.
In addition to other remedies available to the Town, the Town may levy administrative charges of up to $100 per day per incident to cover its administrative costs relating to a permit holder's failure to comply with the requirements and/or terms of its permit.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The hauler shall hold the Town harmless from any and all liabilities, losses or damages the Town may suffer as a result of claims, demands, costs or judgments against the Town arising out of the wrongful acts or omissions of the hauler or its employees, which said liabilities, losses, damages, claims, demands, costs or judgment arise directly out of the matters which are the subject of this agreement and the work to be performed thereby. The hauler shall not be responsible for nor required to indemnify or hold the Town harmless for any act, omission, negligence or other liability to the extent caused by the act or omission in whole or in part of the Town or any one of its employees or agents.
The terms that shall apply to the issuance and conditions for any waste and recycling hauling permit issued by the Town are set forth elsewhere under the Town's ordinances, and such permit may be revoked for noncompliance with this article or with other applicable Town ordinances.
Nothing contained herein shall be deemed to limit or restrict the application of any state law or administrative regulation of any state agency regulating the subject of this article.
The provisions in this article are cumulative and are additional limitations upon all other laws and ordinances covering any subject matter in this article.
References to the term "person," "anyone" or like references shall be deemed to refer to a person, a sole proprietorship, a partnership, a corporation and also a responsible member or a responsible officer or a responsible managing agent of any single proprietorship, partnership or corporation, unless the context indicates otherwise.
Any person violating this article shall be fined not less than $250 nor more than $1,000 for each offense. Each day or incident of violation shall be deemed a separate offense. In addition to the penalty provided herein, the Town may order the violator to clean up, remove or pay the cost of cleanup and/or removal of any waste, recyclable material, combustible or compost rubbish, garbage, rubbish or construction waste or material deposited in a location other than the approved waste or recycling facilities in violation of this article.