§ 50.16 DUTIES AND OBLIGATIONS OF LICENSED HAULERS.
   All persons, firms, or corporations holding a license from the city pursuant to this section must comply with the following operational requirements. Failure to observe these provisions shall be a basis for suspension or revocation of the license.
   (A)   Operating procedures. A licensee shall operate in a manner consistent with its application materials and provide notice to the city within 15 days of any change of information, forms, rate structures, or certificates filed as part of the license application process except for the 30-day notice requirement on insurance as is found herein.
   (B)   Compliance with laws and regulations. The licensee shall comply with all state, county, and local laws and regulations.
   (C)   Services to be offered by licensees. In addition to collection of MSW, the following services shall be offered to all customers:
      (1)   Recycling collection shall be provided to all customers unless otherwise provided by the city.
      (2)   Bulky waste collection and processing/disposal shall be provided to all customers within five business days of request by the customer. An additional fee may be charged.
      (3)   Yard waste collection and processing/disposal in season shall be provided to all customers within five business days of request by the customer. An additional fee may be charged.
      (4)   SSOM collection and processing/disposal may be provided to all customers. An additional fee may be charged.
   (D)   Collection days and hours. The licensed hauler shall comply with days and hours for collection of MSW, recyclables, bulky wastes, yard wastes, SSOM, or construction/demolition wastes as contained in this Ordinance and as specified by resolution of the City Council from time to time.
      (1)   No collection of solid waste recycling, bulky waste, SSOM, yard waste and/or construction/demolition waste shall be made except between the hours of seven o’clock (7:00) a.m. and six o’clock (6:00) p.m., Monday through Friday, as established by the Council. Operation during these hours may require that service be moved back one day to accommodate holidays. Customers shall be notified of a specific day for collection of their MSW and recyclables, and the licensee shall collect the materials within those time periods.
      (2)   Commercial/multiple dwelling collection of solid waste and construction/demolition waste shall be made at least once a week between the hours of seven o’clock (7:00) a.m. and six o’clock (6:00) p.m., and on any day of the week and as often as is necessary to protect the public’s health.
      (3)   Residential “special pick up” as defined in § 50.01 of this chapter may take place on any day, Monday through Saturday, seven o’clock (7:00) a.m. to six o’clock (6:00) p.m., as arranged by the property owner and licensed hauler.
      (4)   Stops reported by customers and verified as missed shall be collected within two business days of the miss being reported.
   (E)   Vehicles and equipment. Each licensed hauler shall only use vehicles and equipment so constructed that the contents shall not leak, spill, or blow out of the vehicle. The vehicles and equipment shall be kept clean and as free from offensive odors as possible, and shall not stand on any street, alley, or public place longer than is reasonably necessary to collect MSW, recyclables, bulky wastes, yard wastes, SSOM, or construction/demolition wastes. Each vehicle for which a collector’s license is issued shall exhibit such license in a prominent position on said vehicle.
   (F)   Collection site and cleanup of spills. The licensee shall ensure that the collection site is left tidy and free of litter. Any spills, including spills of solid wastes, vehicle or waste fluids, or hydraulic fluids shall be cleaned up immediately. If not noticed by the hauler, spills that the city provides notice to the hauler of shall be cleaned within two hours of notice by the city.
   (G)   Reports. Each licensed hauler shall compile and retain MSW, recycling, bulky waste, SSOM, yard waste, and construction/demolition waste weight slips and other data. Failure to certify accurate weights may be cause for revocation of the hauling license. All licensees shall submit to the Minnesota Pollution Control Agency (MPCA), the county, and other required reporting entities in the future required MSW, recycling, and other waste data in compliance with the MPCA’s and the county’s reporting requirements. Failure to submit the reports shall be cause for license suspension. In addition, the hauler shall, when requested by the city, furnish the city with copies of reports that are submitted to reporting entities. Failure to keep accurate weights and/or to furnish this data to the required reporting entities or the city within 30 business days of it being due shall entitle the city to impose liquidated damages and/or revoke the collection license.
      (1)   Upon demand of the city, the licensee shall produce any records, which the city may require to verify that all MSW, recyclables, bulky waste, SSOM and yard waste have been disposed of in a lawful manner. Each licensed hauler shall provide to the city during normal business hours, access to books, documents, papers, and other records of the licensee that are directly pertinent to the issuance and monitoring of the license and required reports. In addition, all licensed haulers shall report to the city such information as shall be required by the City Council by resolution from time to time, with such information being provided as required on a form provided through the office of the City Clerk for such purpose. Haulers shall be required to demonstrate that they have disposed of MSW at facilities which are duly licensed for that purpose.
      (2)   Hauler shall also provide to the city, on demand, a master list of its customers so that the city may verify that every household and/or business located within the city has a contract for collection services as required by M.S. § 115A.941(a), as it may be amended from time to time.
      (3)   The licensee shall notify the City of the discontinuance of service to any premises with a five day written notice prior to service being discontinued, if possible, but no later than the date service is actually discontinued.
   (H)   Opportunity to recycle. Unless the City provides recycling services, each licensed MSW hauler shall provide its customers with the opportunity to recycle through a weekly curbside collection of recyclables (as defined in § 50.01 of this chapter). The curbside collection of recyclables shall be on the same day as collection of customer’s MSW but may occur at a different time within that day. The recyclables collection shall be from a location at or near the MSW collection site, or at such other location as mutually agreeable to the hauler and the customer. The hauler shall specify how the customers are to place and prepare their recyclables for collection. The hauler shall provide each new customer with detailed instructions on how to prepare recyclables for collection. Haulers must notify customers at least 30 days in advance before changing their recycling collection system and provide detailed instructions on how to prepare recyclables under the new system. The hauler is deemed the owner of recyclables, and upon collection, the hauler may market them. Nothing herein shall be construed to prevent the hauler from offering curbside collection for other recyclable materials in addition to the defined recyclables.
      (1)   All separated recyclables must be transported to a licensed recycling facility or delivered to an end market for sale or reuse, or brought to an intermediate collection center for later delivery to a licensed processing center or end market for recycling. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in an MSW disposal facility. No separated recyclables may be mixed with another waste material or incinerated or landfilled or composted or made into fuel pellets.
      (2)   In each instance where a hauler does not collect recyclable materials from a residence or business, adequate notification as to why the recyclable material was not picked up, must be left with the recyclable materials left at the curbside.
   (I)   Billing Practices. As licenser, the city reserves the right to insure billing practices and charges for service are fair and conscionable. All licensed haulers shall reimburse any unearned fees to any customer who cancels service for any reason. Additionally, haulers shall not charge any fees to remove any bin from a customer’s property when they cancel service except, a hauler may charge a service fee for bin removal if they have entered into a written contract that expressly outlines this charge in the event the customer cancels service before the end of the contract period. In the event the city receives a complaint on billing practices it deems unfair and/or unconscionable, it shall send a violation notice to the hauler outlining the unacceptable billing practice. The hauler will be provided an opportunity to respond to the complaint before any enforcement action is taken.
   (J)   Office location. The hauler shall establish and maintain an office with continuous supervision for accepting complaints and customer calls. The office shall be in service with continuous supervision during the hours of 8:00 a.m. to 4:30 p.m. Monday through Friday. A system for recording and responding to customer calls outside business hours shall be established and described in the application for license. The address and telephone number of such office and any changes therein shall be given to the city in writing.
   (K)   Complaints. The hauler shall maintain a complaint response and file system. All complaints shall be answered courteously and promptly. The hauler is responsible for resolving all complaints received.
      (1)   Missed collections reported by customers shall be collected within two business days of the report of the miss.
      (2)   The city will notify the hauler of any unresolved complaints that it receives. The hauler shall provide a semi-annual report in a format prescribed by the City on the total number and type of complaints received and the resolution of those complaints.
(Ord. 2017-2, passed 7-17-2017)