[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 6, Ch. 3 of the 1986 Code. Amendments noted where applicable.]
It is hereby declared to be the purpose and intent of this chapter to
enhance and improve the environment and promote the health, safety and welfare
of the Village of Webster by establishing minimum standards for the storage,
collection, transport, processing, separation, recovery and disposal of solid
waste.
For the purposes of this chapter, the following words and phrases shall
have the meanings given herein, unless different meanings are clearly indicated
by the context:
An establishment engaged in the rearing and slaughtering of animals
and the processing of animal products or orchard and field crops.
A person or firm authorized by the village or by a private citizen
to collect refuse from a specific location.
Items whose large size precludes or complicates their handling by
normal collection, processing or disposal methods.
The act of removing solid waste from the storage area at the source
of generation.
The back edge of curb and gutter along a paved street or where one
would be if the street was paved and had curb and gutter.
That portion of solid wastes consisting of wastes from the repair,
remodeling or reconstruction of buildings, such as lumber, roofing and sheathing
scraps, rubble, broken concrete, asphalt and plaster, conduit, pipe, wire,
insulation and any other materials resulting from the demolition of buildings
and improvements.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner that does
not protect the environment.
A place of habitation occupied by a normal single-family unit or
a combination of persons who may be considered as equivalent to a single-family
unit for the purposes of this chapter.
Includes every refuse accumulation of animals, fruit or vegetable
matter, liquid or otherwise, that attends the preparation, use, cooking, dealing
in or storing of meat, fish, fowl, fruit or vegetables.
Those wastes, such as toxic, radioactive or pathogenic substances,
which require special handling to avoid illness or injury to persons or damage
to property and the environment.
Waste material, except garbage, rubbish and refuse, directly or indirectly
resulting from an industrial processing or manufacturing operation.
Solid waste scattered about in a careless manner, usually rubbish.
Solid waste from agricultural, commercial, industrial or institutional
activities or a building or group of buildings consisting of four or more
dwelling units.
Individuals, firms, corporations and associations, and includes the
plural as well as the singular.
Collection services provided by a person licensed to do the same
by the DNR.
Waste material that can be re-manufactured into usable products,
and shall include, by way of enumeration but not by way of limitation, glass,
plastics, newspapers, cardboard and metals (aluminum, steel, tin, brass, etc.).
Includes all waste material, except garbage, rubbish and industrial
waste, and shall, by way of enumeration but not by way of limitation, include
grass, leaves, sticks, tree branches and logs, stumps, stone, cement, boards,
furniture or household appliances and garden debris.
All solid waste that normally originates in a residential environment
from residential dwelling units.
A single-family home, duplex, townhouse, condominium or a building
with three or fewer dwelling units.
Includes combustible and noncombustible waste material, except garbage,
refuse and industrial waste, that is incidental to the operation of a building
and shall include, by way of enumeration but not by way of limitation, tin
cans, bottles, rags, paper, cardboard and sweepings.
The uncontrolled removal of materials at any point in solid waste
management.
Garbage, rubbish and other useless, unwanted or discarded material
from agricultural, residential, commercial, industrial or institutional activities.
"Solid waste" does not include solid or dissolved material in domestic sewage.
The interim containment of solid waste in an approved manner after
generation and prior to collection and ultimate disposal.
Areas where persons place containers during non-collection days as
well as areas where containers are set out on collection day.
Storage areas shall be kept in a nuisance- and odor-free condition.
Litter shall not be allowed to accumulate. Collection crews will not be responsible
for cleaning up loose materials from any containers which have become ruptured
or broken due to wet conditions, animals, vandalism or other cause. The occupant
and/or owner shall be responsible for cleaning up this litter. Litter not
collected shall not be allowed to accumulate. Violation will result in the
occupant and/or owner being notified to clean up his area, with continued
violation resulting in the owner being prosecuted under the provision of this
chapter and other village ordinances.
A.
General container standards. Suitable containers of a
type approved by the village shall be provided by the property owner or tenant
in which to store all solid waste except for bulky or certain yard wastes
as provided for herein. Containers, in order to be approved, shall provide
for efficient, safe and sanitary handling of solid wastes. They shall be maintained
in a nuisance- and odor-free condition and shall be sufficient to prevent
the scattering of contents by weather conditions or animals.
B.
Approved containers. Approved residential solid waste
containers shall consist of metal or plastic containers with tight-fitting
covers and suitable handles, commonly referred to as "garbage cans," or plastic
garbage bags which are closed by means of a tie. Approved containers shall
be a maximum thirty-gallon size. The container, including contents, shall
not exceed in weight that which one person can safely lift (50 pounds).
(1)
Metal garbage cans shall be of sufficient thickness to
resist denting during normal handling by collection crews.
(2)
Plastic garbage cans shall consist of plastic material
not damaged by freezing and not susceptible to melting. They shall be capable
of being handled during hot and cold weather without damage during normal
handling by collection crews. Plastic bags shall be of sufficient strength
to allow lifting and loading of contents without tearing.
(3)
Each unit will be allowed to dispose of rubbish (not
garbage) in small cardboard boxes (no more than nine cubic feet in volume),
provided the contents therein are covered and secured, as well as newspapers
and magazines, as long as they are tied into bundles a maximum of 10 inches
high. Should bundles, cardboard boxes and/or contents, because of weather
conditions, become wet and soaked, they will not be collected but must be
stored by the owner in an approved container for collection on the next collection
day. Cardboard boxes will be considered disposable and will not be emptied
and returned to the curb.
C.
Defective containers. All garbage cans incapable of continuing
to meet the definition of an approved container because of damage, loss of
handles or other factors shall be tagged by the collection crew. The collection
crew will also leave notification of the defects on the premises. Where garbage
cans from several residential units are placed for collection at the same
location, the garbage cans shall be identified with the address number so
ownership can be determined.
D.
Illegal containers. Containers not approved consist of
metal barrels and drums, wooden or cardboard barrels, wheelbarrows and other
such containers not approved by this chapter. These containers will not be
emptied regardless of contents or weight.
A.
Placement for collection. Residential solid waste shall
be accessible to collection crews. Residential solid waste in approved containers
shall be placed immediately behind the curb of the public street for collection.
Yard and bulky wastes from residential units shall likewise be placed in neat,
orderly fashion behind the curb. During winter months, solid waste shall not
be placed on top of the snowbank, nor shall it be placed in the roadway. The
owner shall either shovel out an area behind the curb in which to place his
wastes or he shall place it in his driveway. Collection crews will not collect
residential solid waste unless it is placed at the curb of a public street.
Residential units shall bring their solid waste to the public right-of-way
for collection. Should collection crews be unable to discharge contents of
garbage cans into collection vehicles using normal handling procedures, the
cans, including contents, will be left at curbside. The owner shall make provisions
to assure that the solid waste therein can be collected on the next collection
day. Collection crews will not empty garbage cans by means other than dumping.
B.
Restriction on time of placement. All receptacles and containers for refuse and rubbish and all bundles of rubbish shall be placed in collection locations as designated in Subsection A above only after 6:00 p.m. of the evening prior to the regular collection time the following day. All receptacles and containers for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time. Village employees or employees of collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.
A.
Dead animals. It shall be unlawful to place any dead
animal, or parts thereof, in a container for collection; provided, however,
that this subsection shall not apply to animal parts from food preparation
for human consumption.
B.
Undrained food wastes. It shall be unlawful to place
any garbage or other food waste in a container for collection unless it is
first drained and wrapped.
C.
Ashes. It shall be unlawful to place ashes for collection.
D.
Improper placement. It shall be unlawful to place, or
allow to be placed, any solid waste upon the roads, streets or public or private
property within this municipality contrary to the provisions of this chapter.
E.
Compliance with chapter. It shall be unlawful to store,
collect, transport, transfer, recover, incinerate or dispose of any solid
waste within the boundaries of this locality contrary to the provisions of
this chapter.
F.
Improper transportation. It shall be unlawful to transport
any solid waste in any vehicle which permits the contents to blow, sift, leak
or fall therefrom. If spillage does occur, the collection crew shall immediately
return spilled materials to the collection vehicle and shall properly clean,
or have cleaned, the area. All vehicles used for the collection and transportation
of solid waste shall be durable, easily cleanable and leakproof, if necessary,
considering the type of waste and its moisture content. Collection vehicles
shall be cleaned frequently to prevent nuisances and insect breeding and shall
be maintained in good repair.
G.
Interference with authorized collector. No person other
than an authorized collector shall collect or interfere with any garbage after
it shall have been put into a garbage receptacle and deposited in the proper
place for the collector, nor shall any unauthorized person molest, hinder,
delay or in any manner interfere with an authorized garbage collector in the
discharge of his duties.
H.
Scavenging. It shall be unlawful for any person to scavenge
any solid waste placed for collection.
I.
Private dumps. It shall be unlawful for any person to
use or operate a dump.
K.
Feeding of food waste to animals. It shall
be unlawful for any person to engage in the feeding of food waste to animals
for commercial purposes.
M.
Animal or human wastes. It shall be unlawful for any
person to place animal wastes and/or human wastes for collection. These wastes
should be disposed of in plastic bags or in the sanitary sewer system. Such
items as kitty litter may be placed for collection if animal wastes are removed
prior to disposal.
N.
Hospital wastes. If shall be unlawful for any person
to place for collection any pathogenic hospital wastes. Such items as needles
and syringes may be disposed of as long as they are contained to eliminate
injury to collection crews.
O.
Building waste. All waste resulting from remodeling,
construction or removal of a building, roadway or sidewalk shall be disposed
of by the owner, builder or contractor. No license is required if done by
the owner, contractor or builder.
The accumulation or deposit of garbage, trash or putrescible animal
or vegetable matter in or upon any lot or land or any public or private place
within the village which causes the air or environment to become noxious or
offensive or to be in such a condition as to promote the breeding of flies,
mosquitoes or other insects or to provide a habitat or breeding place for
rodents or other animals or which otherwise becomes injurious to the public
health is prohibited and declared to constitute a nuisance.
It is unlawful for any person, firm or corporation to place, deposit
or cause to be deposited for collection any waste or refuse not generated
within the corporate limits of the Village of Webster.
A.
Refuse collection. No person shall engage in the business
of collecting refuse and garbage in the village without first obtaining from
the village a license to do so. Applications for licenses shall be presented
to the Village Board on forms prepared by the Village Clerk-Treasurer and
shall be accompanied by the application fee as established by the Village
Board.
B.
Convenience and necessity. In the granting of permits
for the collection of garbage and refuse, the Board shall take into consideration
the necessity and convenience of granting such permits, and unless the applicant
for such permit can prove it necessary and convenient for the benefit and
welfare of the citizens of the village, no such permit for such collection
shall be issued.
C.
General regulations governing licensing of refuse and
garbage collectors.
(1)
Transfer of licenses. Licenses may be transferred at
any time upon application to the Village Clerk-Treasurer, payment of a transfer
fee as established by the Village Board and approval by the Village Board.
The Village Clerk-Treasurer shall thereupon issue a new license to the transferee
for the unexpired portion of the license, subject, however, to all of the
terms and conditions of this chapter. No license transfer or reissuance of
a revoked license to a non-licensee shall be approved for a period of 90 days
after a notice of intent to transfer or of revocation of said license has
been conveyed to all licensees at the time and the village is satisfied that
such notification has been duly made.
(2)
Compliance with ordinances and regulations. It is a condition
of all licenses granted under this chapter that the license holder shall comply
with the ordinances of the village, the rules, regulations and orders of the
local and state boards of health and the Wisconsin Statutes relating to the
collecting, hauling and disposal of refuse.
D.
Revocation or suspension of license or permit.
(1)
The Village Board may revoke or suspend any license or
permit issued under this chapter for cause after hearing and on three days'
notice to the holder thereof. No person whose license or permit has been revoked
shall again be issued such license or permit under this chapter within one
year from the date or revocation.
(2)
In the event that a plan of municipal garbage collection
is adopted, the Village Board may terminate any license issued under this
chapter without hearing, on 30 days' written notice to the license holder
that any such collection is being established.
E.
Liability insurance required. Unless specifically waived
or modified by the Village Board, no license shall be issued until the applicant
has furnished satisfactory proof that he has in full force and effect a public
liability insurance policy in a company authorized to do business in the State
of Wisconsin for his total operation in the amount of $500,000 complete liability
umbrella policy covering injury, death or destruction of property of any person
other than the licensee.
