As used in this legislation:
GARBAGE
The meaning specified in § 281.01(4), Wis. Stats.
INFECTIOUS WASTE
Solid waste which contains pathogens with sufficient virulence
and quantity so that exposure to the waste by a susceptible host could
result in an infectious disease.
LICENSED COLLECTOR
That person or persons to whom the Village has issued a license
to collect municipal solid waste (MSW) and whom the Village has designated
as its agent and designee for purposes of transporting said solid
waste to the landfill owned and operated by the City of Superior,
Douglas County, Wisconsin. Said collectors shall collect the charge
directly from each property owner for the cost of transport and removal
according to the rate schedule established by the Village.
PERSON or OWNER
Any human being, partnership, corporation, firm, company,
association, society or group.
REFUSE
The meaning specified in § 281.01(11), Wis. Stats.
SOLID WASTE
The meaning specified in § 281.01(15), Wis. Stats.
It shall be the duty of the owner of every residential
structure containing four or fewer dwelling units to provide for,
not less frequent than biweekly, disposal of all MSW generated by
such dwelling units through employment of the services of a licensed
collector. Owners of residential structures containing more than four
dwelling units or of commercial or industrial establishments shall
employ a licensed collector for the removal of all MSW from their
premises.
It shall be the duty of the licensed collectors to collect and remove any of the MSW referred to in this article and to establish and maintain a schedule for regular ordinary collection of such MSW, providing for collection on at least a biweekly basis, and to make available a schedule setting forth the days or day of the week and the hours during which such collections will be made. It shall also be the duty of the licensed collectors to be available to and to make any collections and removal directed by the Village pursuant to §
337-10 of this article.
The fee to be charged to the owner for making
ordinary collections and removal shall be reasonable and within a
rate schedule approved by the Village. Such fees shall be fixed based
upon the frequency of collection and removal, the character and quantity
of the material collected and removed and the length of haul and cost
of making same. The licensed collectors shall not refuse to make any
collection. Rates for special collections and for items that are not
capable of ordinary collection shall be as agreed upon between the
party requesting removal and the licensed collector.
On or before the third Monday of October of each year, the licensed collectors may transmit to the Village Clerk-Treasurer a list of properties to which he has rendered collection and removal service pursuant to this article for which he has not been paid and for which payment is 60 days overdue, together with the amount due with respect to each such property. Such list shall be accompanied by a verified statement that the amounts indicated are in fact due and owing and that the licensed collector has made reasonable attempt to collect such amounts. In addition, the Village Clerk-Treasurer shall, on or before the third Monday in October of each year, compile a list of properties to which collection and removal service has been rendered pursuant to §
337-10 of this article, in the event the owner of such property has not earlier reimbursed the Village for sums expended by it to secure such service.
The Village Clerk-Treasurer shall make an assessment
roll containing the name of the owner of each lot or parcel of land
separately assessed, if known to him or her, together with a description
of each such lot or parcel of land and the amount of such assessment.
Whenever MSW, dead animals or parts thereof or other putrescible materials shall not be contained or removed as required by this article, the Village office/Clerk-Treasurer or any member of the Village Board may direct the removal of such material by a licensed collector. In such event, the licensed collector shall, within the time frame specified by the Village office/Clerk-Treasurer or any member of the Village Board (which time shall not be less than within 24 hours of being so directed, Saturdays, Sundays and holidays excluded), make such collection and removal. Whenever such Village office/Clerk-Treasurer or member of the Village Board directs a licensed collector to remove material from any premises pursuant to this section, he or she shall make a written record of such action and provide a copy to the licensed collector. If such collection and removal require an expenditure of time and effort comparable to that required for ordinary collections, the collector shall be paid at his regular rate for ordinary collections. If such collection and removal require an expenditure of time and effort in excess of that required for ordinary collections, the collector shall be paid a reasonable hourly rate determined by the Village Board. The fee for such collection shall be paid by the Village and, pursuant to §§
337-5 through
337-9 of this article, recovered from the owner of the premises from which such collection and removal is made.
A. Notice to owner. Whenever the Village office/Clerk-Treasurer
or a member of the Village Board shall deem it necessary to remove,
at the expense of the owner, any MSW, manure, dead animals or parts
thereof as provided in the preceding section, the Village office/Clerk-Treasurer
or a member of the Village Board shall personally serve a written
notice upon the owner or agent of the property affected or, if the
owner or his agent cannot be found, by posting said notice on the
premises setting forth the fact that such removal has been ordered
and granting the owner or agent a reasonable period of time for the
completion for such removal. Such time allowance shall in no case
be less that 24 hours and no more than 48 hours.
B. Duty of the owner. Every owner or agent served with
notice as described in the preceding section shall cause an abatement
of the nuisance or health hazard described in such notice within the
time limits prescribed by such notice.
It shall be the duty of the licensed collector
to abide by the regulation and policies of the City of Superior and
Department of Natural Resources in the transportation of solid waste
and depositing of solid waste to the municipal landfill. Failure in
this regard will result in termination of the hauler's access to the
landfill.
Only the waste types and sources listed in the
plan of operation approval, waste previously approved by the City
of Superior and Department of Natural Resources, in writing, or otherwise
allowed under Ch. NR 506, Wis. Adm. Code, may be accepted for disposal.
Hazardous waste and infectious waste will not be accepted at the municipal
landfill.