[HISTORY: Adopted by the Village Board of the Village of Superior as indicated in article histories. Amendments noted where applicable.]
Article I Garbage Collection and Removal
The purpose of this article is to help ensure that efficient, nuisance-free and environmentally acceptable solid waste management procedures are practiced in Douglas County.
It is the purpose of the Village of Superior, in the exercise of its police powers, to regulate and provide for the removal of and disposal of garbage and refuse generated in the Village of Superior in order that the health, safety and welfare of all persons in the Village of Superior may be protected.
As used in this legislation:
- The meaning specified in § 281.01(4), Wis. Stats.
- HAZARDOUS WASTE
- The meaning specified in § 289.01(12), 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.
- MUNICIPAL SOLID WASTE (MSW)
- Solid waste generated primarily by residents and commercial activities.
- PERSON or OWNER
- Any human being, partnership, corporation, firm, company, association, society or group.
- 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 owner of every dwelling or place of business in the Village to provide or cause to be provided and at all times to keep and maintain or cause to be kept and maintained in good condition, sufficient portable watertight containers to hold all the MSW which accumulates on such premises during the time between collections and removals. In the case of residential structures containing four or fewer dwelling units, such containers shall be of a maximum size of 32 gallons, shall be provided with handles and a tight and securely fitting cover and shall be constructed of or lined with such material as to make them watertight. All MSW, as the same accumulates upon such premises, shall be placed or deposited and kept in such containers, which shall not be filled to nearer than three inches of the top and, in the case of residential structures containing four or fewer dwelling units, the contents shall not exceed 45 pounds in weight. Collection of solid waste kept in container in amounts in excess of 45 pounds shall not be deemed an "ordinary collection" within the meaning of this article.
Such containers shall, during the hours scheduled for collection, be kept or placed in a convenient location readily accessible to the collector.
Except while loading or unloading, the tops and covers of all such containers shall be kept tightly covered and securely closed at all times when they contain putrescible MSW. When such containers contain only nonputrescible MSW, they shall be kept covered when and as necessary to prevent such solid waste from being blown out of such container.
It shall be the duty of the licensed collectors to report violations of this section to the Village office/Clerk-Treasurer. The licensed collectors shall also leave a tag setting forth the nature of any violations hereof on the premises where such violations are discovered and shall attach such tag either to the handles of an MSW container used upon the premises or in some other conspicuous location.
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.
In addition to other methods provided by law, it is hereby provided that special assessments for delinquent garbage collection bills may be levied in accordance with the provisions of this section, which are hereby adopted pursuant to § 66.0703, Wis. Stats.
Delinquent garbage collection bills shall be levied as a special assessment against the real property, shall become a lien thereon, and be placed on the tax roll with the same effect as other Village taxes unless the Village otherwise determines after notice and opportunity to be heard as hereinafter set forth.
A garbage collection bill shall be deemed delinquent if amounts remain unpaid for 60 days or more and, if delinquent, the Village Clerk-Treasurer shall send written notice to the property owner, and said notice shall state:
The amount of the bill and that the bill is delinquent.
The bill will be specially assesses against the real property and become a lien thereon and placed on the tax roll unless paid within 30 days of the date of the notice.
That the property owner may petition for a hearing before the Village Board. The date of said hearing shall be less than 90 days after the first date of issuance of the delinquent garbage collection bill and at least five days after said written notice is mailed.
The Village Board may instruct the Village Clerk-Treasurer not to have the delinquent garbage collection bill levied as a special assessment after the 90 days from the first issuance of the garbage collection bill only in the following circumstances.
Payment is made;
Reasonable assurance is given by the property owner that payment will be made within a reasonable time, not to exceed 45 days from the date of hearing. If payment is not made as guaranteed, the bill amount shall be specially assessed as a lien to be placed on the tax roll after the deadline for payment set by the Village Board; or
The bill is incorrect either as to amount or property owner obligated to pay and, in that event, the Board shall direct the issuance of a revised billing statement.
The Village Board may not permit payment of the delinquent garbage collection bill by installments.
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.
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.
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.