§ 13.04 DUTIES OF VILLAGE HAULER.
   (A)   Hours. Collections shall be made between the hours of 10:00 p.m. and 6:00 p.m. the day collection is scheduled for the village, subject to such modifications as the village may require or grant. All collections shall be made as quietly as possible.
   (B)   Litter. The village hauler shall not litter material or truck fluids on premises in the process of making collections, but he or she shall not be required to collect material that has not been placed in approved containers or otherwise deposited in a manner herein provided.
   (C)   Procedure. When the village hauler encounters refuse or recyclable materials at curbside that have been improperly bagged, bundled or tagged, the following procedure shall apply.
      (1)   Upon each occurrence by the same customer, the village hauler shall leave the improperly bagged, bundled or tagged refuse or recyclable materials at the curbside, collecting any properly prepared materials, and leave a notice of violation approved by the village, noting the violation with the customer. The date and address of the violation shall be documented and the village shall be notified of such violation.
      (2)   The village hauler shall supply the required documentation to the village as requested.
   (D)   Complaints. All customer or citizen complaints shall be considered and disposed of by the village hauler within 24 hours. The village hauler shall establish and maintain a method for receiving and responding to customer calls and complaints. The village hauler’s staff shall be knowledgeable and courteous in answering customer information requests and resolving or disposing of customer complaints regarding the collection services.
   (E)   Complaint log. The village hauler shall supply copies of all complaints received from village customers and/or residents to the Administrator on a monthly or quarterly basis, as specified by the Administrator. The log shall be on a form approved by the village and shall contain the customer name, address and nature of the request or complaint and its disposition by the village hauler. The day and the hour on which the complaint was received and the day and hour on which it was resolved shall be indicated. The village hauler shall meet with the village as often as requested by the village to review customer complaints and resolutions.
   (F)   Clean up on route. All materials collected by the village hauler shall be so contained, tied or enclosed that leaking, spilling or blowing of litter or fluids is prevented. In the event of any leaking, spilling or blowing of litter or fluids occurs on|the parkway, street or alley, the village hauler shall immediately clean up the litter of fluids. Each vehicle shall be equipped with at least one broom and one shovel for use in cleaning up material. If such litter of fluids are not cleaned up by the village hauler within six hours after such notice (verbal or written) from the village, the village may clean up same and assess the cost to such clean up to the village hauler.
   (G)   Title to wastes. All refuse and recyclable material collected by the village hauler shall become the sole property of the village hauler as soon as the same is picked up or otherwise placed in the village hauler’s vehicle. All refuse and recyclable material may be removed from the curbside only by the village hauler or customer.
   (H)   Disposal. All refuse collected shall be removed and disposed of in accordance with all applicable statutes, laws, ordinances, rules and regulations. Disposal site, compost site or facilities shall be licensed and approved by the State Environmental Protection Agency for the Wisconsin Department of Natural Resources and any other state requiring licensing of the disposal of refuse, recyclable materials and compostable yard waste. Evidence of such licenses and approval shall be provided to the village. All recyclable materials collected in accordance with the terms hereof shall be removed and shall be recycled in accordance with all applicable statutes, laws, ordinances, rules and regulations. Under no circumstances shall said recyclable materials be landfilled unless authorization in writing to do so is given by the village and at no cost to the village. The village hauler shall be responsible for storing recycled materials until properly disposed of and at no cost to the village.
   (I)   Charges and rates.
      (1)   For the minimum service defined under “minimum curbside service”, the village hauler shall charge according to the following schedule:
 
Service No. 1
Monthly Refuse/Recycling Per Dwelling Unit
Period
11-1-1994 to 10-31-1995
$10.37 per month per dwelling unit
11-1-1995 to 10-31-1996
To be determined by CPI and disposal 10-2-1995
11-1-1996 to 10-31-1997
To be determined by CPI and disposal 10-2-1996
 
      (2)   Any resident, when physically absent from the village, may temporarily suspend service for a minimum of one day by notifying the village hauler and village at least five days in advance. The village hauler shall abate all charges for the period of suspension.
   (J)   Collections on holidays. When the regularly scheduled collection day falls on a holiday, the village hauler shall collect the materials on the next business day. The village hauler shall provide the village a list of such holidays and business days.
   (K)   Village hauler’s personnel.
      (1)   The village haulers shall assign a qualified person or persons to supervise its operation in the village and shall give such supervisors’ name, addresses and telephone numbers to the village.
      (2)   Each employee driving a vehicle shall, at all times, carry a valid operator’s license for the type of vehicle he or she is driving.
      (3)   No person shall be denied employment by the village hauler for reasons of race, creed, sex or national origin.
   (L)   Compliance with laws. The village hauler shall conduct operations in compliance with all applicable federal, state and local laws, ordinances, rules and regulations.
   (M)   Performance bond. If determined to be necessary by the corporate authorities, a performance bond with corporate surety, in the amount of $50,000, shall be provided to the village guaranteeing that all provisions of the agreement with the village shall be met by the village hauler. The bond shall be furnished within ten days following the award of the agreement. Thereafter, 90 days prior to the anniversary date of the bond, said bond shall be renewed by the village hauler for each year of the agreement and shall continue to indemnify the village against loss resulting from any failure of performance by the village hauler. In the event of the failure of the village hauler to perform the services under its agreement for a seven- day period, the village may declare the agreement at an end and proceed to set such other or substitute agreements as may be necessary to cure the default or breach of the agreement by the village hauler.
   (N)   Collection equipment. The village hauler shall provide an adequate number of vehicles subject to the approval of the Administrator for regular collection of refuse, recyclable material and compostable yard waste. All vehicles shall be kept in good repair and appearance and maintained in a sanitary condition at all times. Each vehicle shall have the name, a vehicle identification number, a toll-free and/or local phone number of the village hauler visible on each side. Vehicles shall be repaired by the village hauler with ten business days of a reported incident or of knowledge by the village hauler. Vehicles shall enter the village to begin collections empty.
(Ord. 95-O-17, passed - -)