13.030 Regulation of Commercial Garbage Haulers.

(1) License Required. All commercial garbage haulers, as defined in MMC 11.140(1), shall be licensed as required by MMC 11.140(1) and (2). Violation of any of the provisions of this section may be cause for suspension, revocation or refusal to renew such license. This shall not be interpreted to mean that such license may not be suspended, revoked or refused renewal for other reasons.

(2) Vehicle Requirements. All vehicles used by commercial garbage haulers to collect or haul garbage or refuse shall be covered over the part of the vehicle which contains the garbage or refuse and shall be so constructed that no garbage can spill or leak. Such vehicles shall be kept clean and as free from offensive odors as possible. While any garbage is contained in any such vehicle, the vehicle shall not be kept on any street, alley or public place, or upon any private premises longer than is reasonably necessary to collect the garbage and transport it for disposal. A licensed vehicle may not be kept overnight with any garbage stored in the vehicle, unless the vehicle does not cause any offensive odors and is removed by 8:00 a.m. the following morning. No licensed vehicle may be parked at any time in any area not zoned to permit the location of a garbage hauling business, whether loaded or unloaded, except while making garbage collections.

(3) Collection and Disposal.

Hours of Residential Collection. As a condition of receiving and maintaining a commercial garbage hauler’s license, any commercial garbage hauler shall not attempt collection of recyclables and/or residential waste, which is waste as defined under subsection (3)(c) of this section, from residential property, between the hours of 9:00 p.m. and 4:30 a.m. any day of the week, except in the event of an emergency, and then only after approval from the City Engineer. All streets defined and listed as arterial streets under MMC 10.150 shall not be subject to the above time restrictions. Violation of established hours of collection will result in a $100.00 forfeiture for a first offense, $150.00 forfeiture for a second offense within a 12-month period, and a forfeiture of $200.00 for any subsequent offenses within a 12-month period.

(a) Collection of Recyclables. As a condition of receiving a commercial garbage hauler’s license, each commercial garbage hauler must provide sufficient staff and equipment to collect and properly deliver or process recyclables. Recyclables shall be kept separate from other solid waste collected by the licensed garbage hauler and the recyclables shall not be disposed of at a licensed landfill.

(b) Pricing. Commercial garbage haulers shall adopt and utilize a volume based rate structure for the collection of solid waste from occupants of single-family and two- to four-unit residences. The rate structure shall provide a flat base charge for weekly nonrecyclable garbage which is placed in a single container of 45 gallons or less, except as may otherwise be permitted by the Streets Committee and the Department of Natural Resources. The rate structure shall meet the requirements of Wis. Stat. § 287.11 and any other Department of Natural Resources requirements for a volume-based recycling program. The rate structure shall provide that recyclables will be collected at no additional charge to that made for the collection of solid waste to residential customers residing in buildings with four or less dwelling units, except that haulers may make a separate charge for the collection of yard waste and yard debris.

(c) Mixed Load Prohibited. The contents and municipality of origin of each load of garbage or refuse shall be reported accurately to the operators of the landfill in which the garbage is disposed of. In reporting the contents of each load originating in the City of Manitowoc, the hauler shall also report whether the contents consist entirely of residential waste from residential properties with four or less dwelling units, or of any other types of waste. As used in the preceding sentence, residential waste shall exclude any waste collected in containers of more than 100 gallons, as well as any demolition, building or remodeling waste. When the garbage or refuse is disposed of at a landfill, no hauler shall mix garbage, refuse or other waste in any one load, part of which may be compensable by the City and part of which is not compensable by the City. Exceptions may be granted to this provision when the hauler submits a plan for apportioning the mixed load to the City of Manitowoc and the other jurisdictions involved in the plan which is approved in writing by the Director of Public Works and an authorized representative of the other jurisdictions, and the hauler complies with any conditions required in the grant of such permission. Any violation of these mixed load requirements shall be cause for immediate revocation of the license issued to such hauler.

(d) Cooperation with Recycling Program. Commercial garbage haulers shall be required to take other measures, such as preparing reports and providing equipment compatible with available recycling facilities, as the City may require for the successful operation of its recycling program. This obligation shall extend to any requirements placed on the City by the State of Wisconsin or any of its agencies, as well as any measures approved by the City’s Streets and Sanitation Committee which are reasonably necessary for the effective operation of the City’s recycling program.

(e) Fees. All fees, including but not limited to tipping fees, associated with the disposal of waste shall be the sole responsibility of the party delivering the waste to the disposal facility.

(f) Haulers. The garbage haulers are required to abide by the delivery requirements to the specified landfill in accordance with the waste disposal agreement between the City of Manitowoc and the County of Manitowoc.

[Ord. 11-805 § 2, 2011; Ord. 09-188 § 1, 2009. Prior code § 13.03]