Full Text
7.6 TIMBER SALE CONTRACT ORDINANCE THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. DECLARATION OF POLICY. An ordinance to establish rules and regulations on Douglas County Forest Land, Tax Forfeited Land and agreed upon stock pile sites within Douglas County, as authorized by Chapters 26, 28, 29 and 59 of the Wisconsin Statutes. On sections other than III B, incremental efforts will be made by the Forestry Department to resolve and correct situations before having to implement Ordinance 7.6. SECTION II. DEFINITIONS. A. “Best Management Practices” are those specific guidelines as described in the Wisconsin Department of Natural Resources Field Manual for Loggers, Landowners, and Land Managers titled Wisconsin’s Forestry Best Management Practices for Water Quality. B. “Committee” is the seven member appointed Forest, Parks and Recreation standing committee of the full twenty-eight member Douglas County Board of Supervisors. C. “Contract” is the Douglas County Forestry Department Timber Sale Contract, including individual Timber Sale Contract requirements, signed by the Seller and Purchaser. D. “Contract Suspension” means to suspend all Harvest and Haul operations associated with a specific individual Douglas County Timber Sale Contract. E. “County Suspension” means to suspend all Harvest and Haul operations on a county- wide basis on Douglas County Forest Land and County Owned Land for all Contracts. F. “County Owned Land” other than forest crop means land that has been acquired and owned, leased, or administered by Douglas County. G. “Douglas County Forest Land” means all land and property owned, leased, or administered by Douglas County, Wisconsin, and under the management, supervision, and control of the Douglas County Forestry Department. H. “Harvest” means to buck, bunch, chip, cut, debark, deck, delimb, fell, forward, load, pile, process, shear, skid, slash, top, transport, or yard Raw Forest Products. ---PAGE BREAK--- I. “Haul” means to convey, remove or transport Raw Forest Products. J. “Hauler” is any individual who conveys, Hauls or transports Raw Forest Products Harvested and Loaded from Douglas County Forest Lands, County Owned Land, Tax Forfeited Land or agreed upon Stockpile Sites. K. “Hauling Ticket” is an official Douglas County Forestry Department issued triplicate ticket system consisting of an original Hauler’s copy, original mill’s copy, and original deposit copy used to track Raw Forest Products. L. “Immediate Corrective Action” means taking instantaneous direct action to correct the problem or violation and to prevent it from continuing to occur or occurring again. M. “Load” is a measurable volume of Raw Forest Products that have been placed on a vehicle, truck or equipment. N. “Lockbox” is a lockable receptacle placed by Douglas County Forestry personnel on or near a Timber Sale location or agreed upon stockpile site for deposit of Hauling Tickets. O. “Penalty” means a punishment in the form of either monetary compensation, restricted privileges, additional performance requirements or pursuing legal action against. P. “Punitive Costs” means monetary compensation to the Seller in excess of Remedial Costs that have been assigned to the Purchaser as a deterrent or punishment to redress a violation perpetrated by the Purchaser. Q. “Purchaser” is the Contract holder. R. “Raw Forest Products” are forest products in their natural state and includes seedlings, saplings, shrubs, chips, bark, boughs, branches, logs, sawlogs, pilings, posts, poles, roundwood products, cordwood products, pulpwood, fuelwood and Christmas trees. S. “Remedial Costs” means monetary time, equipment, and material compensation to the Seller to cover all remedial actions required to correct a violation perpetrated by the Purchaser as directed by the Seller. T. “Remediation Plan” is a written plan approved by the Seller specifically outlining those steps, actions, and measures that will be taken to correct or counteract the violation with the purpose of avoiding any reoccurrence; including circumstances leading to. U. “Seller” is Douglas County. ---PAGE BREAK--- V. “Stockpile Sites” are locations agreed upon by the Seller and Purchaser for intermediate storage of Raw Forest Products Harvested from Douglas County Forest Land, County Owned Land, or Tax Forfeited Land, which may or may not be Douglas County Forest Land or County Owned Land. W. “Termination” means Purchaser forfeits all performance bonds and/or letters of credit, all Douglas County Forestry Department Contracts, all Contracted Douglas County standing stumpage, and all Raw Forest Products Harvested from Douglas County Forest Land, County Owned Land, or Tax Forfeited Land located on such lands back to the Seller. X. “Timber Sale” is a tract of wooded Douglas County Forest Land or County Owned Land considered as a source of Raw Forest Products where unprocessed vegetation in the form of trees have been designated for sale by the Seller and prescribed by the Contract. Y. “Timber Sale Number” is a unique numerical number assigned by the Seller to each individual Timber Sale in the Contract. SECTION III. GENERAL PROVISIONS. A. No Purchaser, Hauler or other person or entity may Harvest or Haul any Raw Forest Products or direct the Harvesting or Hauling of any Raw Forest Products from Douglas County Forest Land or County Owned Land without the consent of the Seller. Consent of the Seller is defined as any and all actions and/or events pursuant to and in compliance with the Contract and the provisions set herein. B. When the Seller has instituted a Lockbox ticket system, no Purchaser, Hauler or other person may Haul any Raw Forest Products or cause any Raw Forest Products to be Hauled from the Timber Sale site beyond the designated Lockbox unless a Hauling Ticket has been filled out completely and accurately (defined in Section IIIC) for those Raw Forest Products and placed in the Lockbox, unless the Seller has granted prior permission. C. A Purchaser, Hauler or other person causing any Raw Forest Products to be Hauled shall completely and accurately fill out all required information on every Hauling Ticket for each individual separate Load and deposit in the Timber Sale Lockbox. Required information includes: Date (month, day and year the Load leaves the Lockbox), Time (hour, minute of hour and AM or PM of when the Load leaves the Lockbox), Trucking Company (full name of the company or individual owner Hauling the Load), Driver’s Name (both first and last name), Wood Destination (location where the Load is being Hauled and unloaded), RR Car Number (complete number as approved by Seller, required only if wood destination is a railroad car), Species (correct common name species of Raw Forest Products being Hauled or general species type of Raw Forest Products being Hauled after approval of Seller), ---PAGE BREAK--- Approx. Volume (estimated volume of entire Load) accepted estimated volume measures in cords, board feet, or cubic feet, product type indicated as sawlogs, pulp, chips, or firewood (firewood measurements on back), and Sale Number (complete Timber Sale Number indicated on the Lockbox of Raw Forest Products origin). D. A Purchaser shall not begin, resume, suspend or complete the Harvest or Hauling of Raw Forest Products without proper notification to the Seller. Proper notification is one calendar week prior to the day of commencing any of the above said activities. E. No Purchaser shall begin or continue to Harvest or Haul after being notified by the Seller to cease such operations through a Contract Suspension or County Suspension. F. All Purchasers shall keep any Douglas County designated ATV/snowmobile trail which runs through any area utilized for Harvest or Haul operations free of all logging debris/slash, Raw Forest Products, and equipment for a minimum distance of eight feet on either side of said trail edge. The said trail shall be kept in a condition that is passable and safe, as determined by the Seller, for its designated use at all times during Harvest and/or Haul operations. G. All Purchasers shall leave sufficient snow cover as determined by the Seller, on any Douglas County designated winter snowmobile/ATV trail at all times to permit safe travel for recreational users through any area utilized for Harvest or Haul operations. H. As determined by the Seller, all Harvest and Haul operations shall comply with all current Best Management Practices to protect wetland, stream, lake, soil, and environmental resources. Road, skid trail and landing location, bridge and crossing installation, proper waste oil and chemical disposal, control and clean up of hazardous substance spills, designating buffer zones, minimizing wetland use, and minimal soil disturbance are all mandated to protect valuable water quality and maintain compliance with forest certification. I. By signing the Contract, the Purchaser, has agreed to comply with all policies, provisions, and contractual standards set by the Seller, including all specifications with respect to individual Timber Sale Contract requirements, and the provisions set herein. The Purchaser has also agreed to be held responsible for any actions by any employee or subcontracted individual that is in non-compliance/violation of the Contract or standards set herein. SECTION IV. PENALTIES. A. Any Purchaser, Hauler, or other person or entity who violates Section III A and/or B of this ordinance shall be subject to any and all civil forfeitures and/or criminal charges as provided by the Wisconsin State Statutes Chapter 26.05 Timber Theft and 943.20 Theft, in addition to any and all Penalty(ies) as provided by the provisions set herein. ---PAGE BREAK--- B. Any Purchaser, Hauler, or other person or entity who violates Sections III C, D, E, F, G, H, and/or I of this ordinance shall be subject to any and all Penalty(ies) as provided by the provisions set herein. C. Any Purchaser, Hauler or other person or entity who violates this ordinance shall be liable for the reasonable costs incurred by the Seller to establish any punitive/remedial costs by such violation; including costs associated to establish volume and value of any Raw Forest Products Harvested or Hauled by such violation. D. Enforcement of this ordinance is delegated to the Douglas County Sheriff’s Department, the Director of Forestry and Natural Resources or his/her designee, or any certified and sworn law enforcement officer in the State of Wisconsin. SECTION V. EFFECTIVE DATE. Following passage and publication by the Douglas County Board of Supervisors this ordinance shall be in full force and effect. ORDINANCE #7.6 VIOLATIONS SECTION CHARGE FINE III A & B. Purchaser Hauls or Directs the Hauling of Raw Forest Products without Depositing a Completed Ticket in the Lockbox without the Seller’s Permission Per Five-Year Period: First Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Civil Forfeiture Under Statute 26.05 of $1,500.00, Bid Value of Load, Written Notice, County Suspension, Charge Criminally if applicable under Statute 26.05(2) and 943.20, & Committee Counsel for Further Penalties Second Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Civil Forfeiture Under Statute 26.05 of $3,000.00, Bid Value of Load, Written Notice, Termination of County Sale(s), Charge Criminally if applicable under Statute 26.05(2) and 943.20, & Committee Counsel for Further Penalties III A & B. Hauler, Other Person or Entity Hauls Raw Forest Products without Depositing a Completed Ticket in the Lockbox without the Seller’s and Purchaser’s Permission Per Five-Year Period First Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Civil Forfeiture Under Statute 26.05 of $1,500.00, Bid Value of Load, Written Notice, County Suspension, Charge Criminally if applicable under Statute 26.05(2) and 943.20, & Committee Counsel for Further Penalties Second Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Civil Forfeiture Under Statute 26.05 of $3,000.00, Bid Value of Load, Written Notice, Charge Criminally if applicable under Statute 26.05(2) and 943.20, Termination of County Sale(s), & Committee Counsel for Further Penalties ---PAGE BREAK--- III C. Purchaser Hauler Fails to Completely and Accurately Fill Out Hauling Ticket as Determined by the Seller Per Individual Timber Sale Contract: First Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice Second Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50.00 Per Individual Ticket Incident Up to 10 Incidents & Written Notice Further Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice, County Suspension, Required Written Remediation Plan & Committee Counsel for Further Penalties III D. Purchaser Fails to Properly Notify the Seller as Required for Beginning, Resuming, Suspending, or Completing Harvest or Haul Operations Per Two- Year Period: First Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice Second Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00, Written Notice, County Suspension, & Required Written Remediation Plan Written Notice & Committee Review Further Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000.00, Written Notice, County Suspension, & Committee Counsel for Further Penalties III E. Purchaser Continues Harvest and/or Haul Operations after Being Notified of Contract/County Suspension Per Two-Year Period: First Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,500.00, County Suspension, Written Notice & Committee Counsel for Further Penalties Second Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of County Sale(s) & Committee Counsel for Further Penalties III F & G. Purchaser Leaves Debris and/or Fails to Leave ATV/Snowmobile Trails in Safe Passable Condition as Determined by the Seller Per Individual Timber Sale Contract: First Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice & Immediate Corrective Action Required Second Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00, Written Notice, Contract Suspension, & Required Written Remediation Plan Further Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000.00, Written Notice, County Suspension, & Committee Counsel for Further Penalties III H. Purchaser Violates Best Management Practices Resulting in Adverse Effects to Environmental Resources as Determined by the Seller Per two-Year Period: First Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice, Immediate Corrective Action Required, Punitive/Remedial Costs, & Possible Contract Suspension Second Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $335.00, Written Notice, Immediate Corrective Action Required, Punitive/Remedial Costs, Possible County/Contract Suspension, & Required Written Remediation Plan ---PAGE BREAK--- Further Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice, Immediate Corrective Action Required, Punitive/Remedial Costs, County Suspension, & Committee Counsel for Further Penalties III. I. Purchaser Violates Specific Contract Specification/Requirement Resulting in Non- Compliance with Contractual Obligations as Determined by the Seller Per Two-Year Period: First Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice, Immediate Corrective Action Required, Punitive/Remedial Costs, & Possible Contract Suspension Second Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice, Immediate Corrective Action Required, Punitive/Remedial Costs, Possible County/Contract Suspension, & Required Written Remediation Plan Further Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Written Notice, Immediate Corrective Action Required, Punitive/Remedial Costs, County Suspension, & Committee Counsel for Further Penalties Dated this 18th day of October, 2001. Amendments: March 15, 2007