[Ord. No. 2731 §1, 9-15-2009]
Unless otherwise expressly provided in this Chapter, no person shall engage in the business of hauling waste in Pacific without obtaining a business license from the City. The license shall only authorize the waste hauling or transportation activities of the type (e.g., non-residential, hazardous waste, special waste, etc.) or in the zoning area as may be specified in the license. Waste collection or transportation without such license, or outside the permitted scope of such license, is prohibited. No license shall be issued by the City unless the applicant obtains and maintains a valid waste transportation license issued by St. Louis County for each such vehicle and mobile waste container that operates within St. Louis County and from any other governmental agency for which such license is required.
[Ord. No. 2731 §1, 9-15-2009]
A. 
Business licenses pursuant to Section 240.235 shall not be required for vehicles or persons only removing, hauling or disposing earth and rock material from grading or excavation activities, provided an excavation permit has been received from the City, if required.
B. 
All earth and rock material from grading or excavation activities shall be conveyed in enclosed or covered vehicles, trucks or receptacles which are constructed, maintained and operated such that the material being transported does not spill, blow or fall out of the vehicle.
C. 
Licenses shall not be required for street sweepers.
D. 
Licenses shall not be required for waste haulers that do not collect waste in the City of Pacific on a regular basis, provided that the waste hauler holds a valid County license for waste transportation if required by law. "Regular basis" shall mean collecting waste not less than twice per month to any given customer not covered by an exclusive license agreement within the City.
[Ord. No. 2731 §1, 9-15-2009]
In addition to regulations for licensing waste haulers pursuant to Section 240.235, the City may solicit proposals for an exclusive or non-exclusive license agreement for the collection and disposal of solid waste from some or all of the residential premises in the City. Such license agreement shall be awarded by the Board of Aldermen following the receipt of competitive bids on specifications prepared by the City and approved by the Board of Aldermen. Each such license agreement shall be made upon terms which are most advantageous to the citizens of the City, as determined by the Board of Aldermen, in regard to the quality of services to be rendered, compliance with this Article and all other requirements of law and fees to be charged by the waste hauler to the owners of the premises to be served. No such license agreement shall be made with, issued to or be allowed to continue for a waste hauler who does not possess all applicable permits and licenses to engage in the business of storing, collecting, transporting, processing and disposing of solid waste contemplated by the contract and required pursuant to this Article and other provisions of law. Such license agreement shall be subject to termination or suspension as provided for in such agreement or upon revocation of the business license as provided by Section 240.310. Where a license agreement for residential waster hauling has been in place and the licensed waste hauler is performing satisfactorily, the Board of Aldermen may waive the bidding requirements herein and negotiate the extension of the then current license agreement. If the City has granted an exclusive license agreement for residential waste hauling, a business license for residential waste hauling will be issued only to the waste hauler selected by the City and who has entered into a residential solid waste license agreement with the City.
[Ord. No. 2731 §1, 9-15-2009]
A. 
Every application for a business license required under Section 240.235 shall be accompanied by proof of licensing by St. Louis County and other applicable agencies for each waste transportation vehicle and by a copy of the application submitted to St. Louis County and other applicable agencies, which must contain the following:
1. 
The owner of the vehicle and the owner's address;
2. 
The waste hauler who will be operating the waste transportation vehicle and the waste hauler's address and telephone number and the name under which the waste hauling business will be conducted;
3. 
The type of waste to be transported, i.e., whether the waste is residential, non-residential, industrial, commercial, hazardous, infectious or any combination thereof;
4. 
The site(s) where waste will be deposited by the hauler, be it landfill, transfer station or otherwise;
5. 
The motor vehicle license number and fleet vehicle number assigned by the hauler of the vehicle;
6. 
The area served and to be served by operation of the owner's hauling business vehicle; and
7. 
Such other information as may be required by the Mayor or the City Administrator.
[Ord. No. 2731 §1, 9-15-2009]
A. 
Initial business licenses to engage in waste hauling shall begin on the date the current waste transportation license is issued by St. Louis County Department of Health and shall expire the following December third (3rd) provided all other agency approvals have been granted. All renewal applications shall be made by December thirty-first (31st) of each year. All renewal licenses shall begin on January first (1st) and continue through December thirty-first (31st) of the following year.
B. 
Each license application shall be accompanied by a non-refundable application fee of fifty dollars ($50.00) for each waste hauler, plus an additional five dollars ($5.00) for each waste transportation vehicle engaged in waste hauling in the City. The application fee shall be paid for both original and renewal applications. In the event an application is denied and a subsequent inspection is required, there shall be no additional charge for subsequent inspection.
[Ord. No. 2731 §1, 9-15-2009]
A. 
The City reserves the right to inspect all waste transportation vehicles which are required to be licensed under this Chapter at any time without notice.
B. 
The inspection of any waste transportation vehicle prior to the issuance of a business license may be waived if the owner is a municipality, governmental entity, department of a governmental entity or a non-profit organization which has a quality control and inspection program that assures compliance with the standards imposed by this Chapter on waste transportation vehicles and mobile waste containers. The fee imposed shall not be required for such vehicles and containers; however, the license required by Section 240.235 shall be required whether or not an inspection is made.
[Ord. No. 2731 §1, 9-15-2009]
A. 
No business license shall be issued for operation of a waste transportation vehicle unless the waste transportation vehicle satisfies the requirements of this Chapter, State law and other applicable laws or regulations.
B. 
Except as otherwise provided by law, no license shall be issued to engage in the business of hauling waste to the extent such specific activities are exclusively licensed to another waste hauler pursuant to an exclusive license agreement with the City.
C. 
Licenses shall be issued without restriction to geographic area except such restriction shall be included where:
1. 
Requested by the applicant, and
2. 
The type of service sought to be licensed is subject of an exclusive license agreement issued by the City and the applicant has demonstrated a temporary vested right to continue with existing customers.
[Ord. No. 2731 §1, 9-15-2009]
Licensed waste haulers and their agents and employees shall comply with the representations made in the license applications and in any license agreement, regarding anticipated means of handling and disposing of wastes and shall comply with such additional terms and conditions as may be required by the City.
[Ord. No. 2731 §1, 9-15-2009]
A. 
The Mayor or his/her designees may suspend a license for the operation of any waste transportation vehicle with the City for the following reasons:
1. 
The standards for issuance of the license as set forth in this Chapter are not met or are no longer met;
2. 
The waste transportation vehicle or container is not operated in conformity with the requirements of this Chapter, City, County, State or Federal law, any license agreement or any applicable conditions of the issuance of the license.
In either event, the period of suspension shall be for the period such standards are not met. In the case of suspension of an exclusive license, the City may contract for alternative waste hauling services without competitive bidding and may issue a temporary license to the interim waste hauler for such services.
B. 
In the event that the Mayor or his/her designee determines that continued use or operation of the waste transportation vehicle or mobile container presents an immediate and serious threat to the health, safety or welfare of persons within the City of Pacific, he/she may suspend the license without a hearing, but shall permit the owner or operator of the vehicle or mobile container, if different than the owner, or a waste transportation vehicle or mobile container whose license has been so suspended an opportunity to be heard before the Board of Aldermen within five (5) business days of notice of the suspension if the owner or operator so requests within thirty (30) days of the suspension. The five(5) business day time period is subject to the availability of a quorum of the Board for a meeting on short notice. The Mayor shall notify the operator of his/her decision to suspend the license, giving reasons therefore, by certified mail or hand delivery of a notice to the office of the owner or operator. In the event that the Mayor does not determine that continued use or operation of the waste transportation vehicle or mobile container presents an immediate and serious threat to the health and welfare of persons within the City, he/she shall give the owner and operator, if different than the owner, at least five (5) business days' notice of any hearing before the Board of Aldermen to determine whether the license should be suspended. Following the hearing, the Board of Aldermen shall decide whether the license should be suspended.
[Ord. No. 2731 §1, 9-15-2009]
In addition to all other remedies of the City, the Mayor or his/her designee may revoke a business license. The occurrence of three (3) or more violations of this Chapter or the County or State regulations relating to waste disposal, collection and transportation, including Chapter 260, RSMo., or moving vehicle violations within a license year shall be deemed prima facie evidence warranting revocation of a license. All such revocation decisions shall be subject to appeal pursuant to Chapter 155, the City Administrative Review Code.
[Ord. No. 2731 §1, 9-15-2009]
A. 
Each motor vehicle issued a business license under the provisions of this Chapter pertaining to licensing of waste transportation vehicles shall display any license sticker or certificate issued by St. Louis County Department of Health, other applicable County agency or the City in a prominent place on the motor vehicle.
B. 
Each mobile waste container shall be labeled with the owner's name, phone number and a unique number assigned to the container by the owner for identification purposes.
[Ord. No. 2731 §1, 9-15-2009]
No waste hauler shall be deemed an agent of the City for any purpose by reason of this Chapter or by reason of the issuance of any license or license agreement. The City shall not be deemed a waste hauler or waste transporter for purposes of licensing or otherwise in this Code, except as may be otherwise required by law. The City shall not be responsible or liable for any action of the waste hauler and the waste hauler shall not claim any agency or endorsement by the City without the written consent of the City.
[Ord. No. 2731 §1, 9-15-2009]
A. 
No person shall engage in the business of hauling waste and/or recyclables without maintaining public liability insurance governing all operations of the insured pertaining to the business of hauling waste and/or recyclables and all vehicles to be operated in the conduct thereof. The insurance shall include coverage in one (1) policy or multiple policies for any waste haulers or subwaste haulers engaged by the insured for such business. Evidence of such insurance shall be filed annually with the City Clerk. Except as may be provided for in a license agreement, each waste hauler shall have comprehensive general liability, property damage and automobile liability insurance coverages in an amount as determined and updated from time to time by the City Administrator and shall include the City of Pacific as an additional named insured.
B. 
No person shall engage in the business of hauling waste without maintaining insurance with Workers' Compensation coverage with minimum limits as set by law. Insurance shall include coverage in one (1) policy or multiple policies for any waste haulers or subwaste haulers engaged by the insured for such business.
C. 
No insurance policy required by this Section shall be approved unless it provides that thirty (30) days' advance notice will be given by the insurer to the City Administrator in the event the policy is terminated or canceled.