[HISTORY: Adopted by the Common Council of the City of Bayfield as
indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-1992 (§§ 8-3-1 through 8-3-9 of the 1992
Code of Ordinances)]
This article shall be known as the "Solid Waste Management Ordinance
of the City of Bayfield," hereinafter referred to as this "ordinance" or "article."
It is hereby declared to be the purpose and intent of this article to
enhance and improve the environment and promote the health, safety and welfare
of the City by establishing minimum standards for the storage, collection,
transport, processing, separation, recovery and disposal of solid waste.
For the purpose of this article, 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.
Items whose large size precludes or complicates their handling by
normal collection, processing or disposal methods.
Commercial units shall be all property other than residential units
and shall include boarding houses, motels and resorts.
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 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 article.
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 originally used for
foodstuffs.
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 same by the
DNR.
Waste material that can be remanufactured into usable products and
shall include, by way of enumeration but not by way of limitation, glass,
plastics, newspapers, cardboard, metals (aluminum, steel, tin, brass, etc.).
Includes all waste material, including 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, garden debris.
All solid waste that normally originates in a residential environment
from residential dwelling units.
Residential unit shall mean an individual household capable of independent
habitation by a family unit. A single-family dwelling shall be considered
to be one residential unit; multifamily dwelling shall be considered to be
multiple residential units, the number of residential units to equal the number
of family units to be housed therein. Residential units shall not include
boarding houses, motels or resorts.
Includes combustible and noncombustible waste material, except rocks,
concrete, bricks and similar solid materials, plaster or dirt, 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, 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 noncollection days as
well as areas where containers are set out on collection day.
Garbage, rubbish, refuse, decaying or discarded vegetable or animal
matter, demolition materials, and any other items, materials or substances
discarded or to be discarded by their owner or possessor.
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 provisions of this article
and other City ordinances.
A.
No person shall place any waste on public or private property anywhere within the City of Bayfield except as provided in Subsection B.
B.
Placement.
(1)
Waste may be temporarily placed and stored indoors on
the premises on which it was generated.
(2)
Waste may be placed at the transfer site designated by
the City for the collection and transfer of waste if and only if:
(3)
Waste may be placed outdoors for the purpose of the collection
thereof if and only if:
(a)
The owner of the property on which the waste is placed
has consented to the placement.
(b)
The person placing the waste has contracted for or otherwise
arranged for the collection of the waste by someone who will dispose of it
in a lawful manner.
(c)
The waste is adequately contained in such a manner as
to prevent scattering and undue unsightliness or odor.
(d)
The waste, if not in a dumpster, is collected within
eight hours after placement, and if in a dumpster, collected as soon as necessary
to avoid excessive odors or overfilling.
C.
No person shall remove any waste from any location or
container within the City except for the purpose of lawfully disposing of
it.
D.
No person shall intentionally damage any waste container,
including dumpsters and plastic bags, anywhere within the City of Bayfield.
E.
No person shall aid or abet another in the violation
of this section, nor direct, solicit or conspire with another to violate this
section, nor permit nor allow another to violate this section on property
under the person's possession or control.
A.
Dead animals. It shall be unlawful to place any dead
animal, or parts thereof, in a container for collection; provided, however,
this section 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 wastes in a container for collection unless it is
first drained and wrapped.
C.
Ashes. It shall be unlawful to place hot ashes for collection.
D.
Improper placement. It shall be unlawful to place, or
allow to be placed, any solid waste upon the roads, streets, public or private
property within the City contrary to the provisions of this article.
E.
Compliance with article. It shall be unlawful to store,
collect, transport, transfer, recover, incinerate or dispose of any solid
waste within the boundaries of the City contrary to the provisions of this
article.
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 authorized 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 or refuse placed for collection without the permission of
the owner.
I.
Private dumps. It shall be unlawful for any person to
use or operate a dump.
J.
Burning of waste. It shall be unlawful for any person
to burn solid waste in any manner, except as provided elsewhere in the Code
of the City of Bayfield.
L.
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 the sanitary sewer system.
M.
Hospital wastes. It 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.
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 City 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.[1]
No person shall place in or on any garbage can, dumpster or other trash
receptacle not belonging to or assigned by the owner of such receptacle to
such person any garbage, refuse or trash without the permission of the owner
or designated assignee of such receptacle, unless such receptacle is designated
expressly or implicitly for use by the general public.
[Adopted 4-1-1992 (§§ 8-6-1 through 8-6-25 of the
1992 Code of Ordinances)]
It is the purpose of this article to promote recycling, composting,
and resource recovery through the administration of a mandatory recycling
program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis.
Adm. Code, by the City of Bayfield in order to protect and promote the public
health, safety and welfare.
This article is adopted as authorized under § 287.09, Wis.
Stats.
It is not intended by this article to repeal, abrogate, annul, impair
or interfere with any existing rules, regulations, ordinances or permits previously
adopted or issued pursuant to law. However, whenever this article imposes
greater restrictions, the provisions of this article shall apply.
In their interpretation and application, the provisions of this article
shall be held to be the minimum requirements and shall not be deemed a limitation
or repeal of any other power granted by the Wisconsin Statutes. Where any
terms or requirements of this article may be inconsistent or conflicting,
the more restrictive requirements or interpretation shall apply. Where a provision
of this article is required by Wisconsin Statutes, or by a standard in Ch.
NR 544, Wis. Adm. Code, and where the article provision is unclear, the provision
shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544
standards in effect on the date of the adoption of this article, or in effect
on the date of the most recent text amendment to this article.
The requirements of this article apply to all persons within the boundaries
of the City of Bayfield.
The provisions of this article shall be administered by the Common Council
of the City of Bayfield, or its designated agent.
The provisions of this article shall take effect on January 1, 1995.
For the purpose of this article the following words and phrases shall
have the meanings ascribed to them in this section:
A container for carbonated or malt beverages that is made primarily
of a combination of steel and aluminum.
The facility for the collection and transfer of postconsumer waste
located in the Town of Russell opposite the easterly intersection of State
Highway 13 and County Highway K and operated by the City of Bayfield, Town
of Russell, and Town of Bayfield.
Corrugated paperboard used in the manufacture of shipping containers
and related products.
Packaging made primarily from foam polystyrene that satisfies one
of the following criteria:
A person who transports postconsumer waste for compensation.
High-density polyethylene plastic containers marked by the SPI Code
No. 2.
Low-density polyethylene plastic containers marked by the SPI Code
No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer, clothes
washer, dishwasher, freezer, oven, microwave oven, refrigerator, furnace,
dehumidifier, water heater or stove.
A property containing five or more residential units, including those
which are occupied seasonally.
The City of Bayfield.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental facilities
and properties. This term does not include multiple-family dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout are
examples of office paper generally accepted as high-grade. This term does
not include industrial process waste.
Includes any individual, corporation, partnership, association, local
governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state
agency or authority, or federal agency.
Polyethylene terephthalate plastic containers marked by the SPI Code
No. 1.
An individual, separate, rigid plastic bottle, can, jar or carton,
except for a blister pack, that is originally used to contain a product that
is the subject of a retail sale.
Solid waste other than solid waste generated in the production of
goods, hazardous waste, as defined in § 291.01(7), Wis. Stats.,
waste from construction and demolition of structures, scrap automobiles, or
high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene plastic containers marked by the SPI Code No. 6.
Polyvinylchloride plastic containers marked by the SPI Code No. 3.
Includes lead acid batteries, major appliances, waste oil, yard waste,
aluminum containers; corrugated paper or other container board, foam polystyrene
packaging, glass containers, magazines, newspaper, office paper, rigid plastic
containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other
resins or multiple resins, steel containers, waste tires, bimetal containers
and scrap metal.
Has the meaning specified in § 289.01(33), Wis. Stats.
Metal postconsumer waste other than that contained in or comprising
aluminum containers, steel containers, bimetal containers, major appliances,
or lead acid batteries.
Has the meaning specified in § 289.01(35), Wis. Stats.
Any method, technique or process which is designed to change the
physical, chemical or biological character or composition of solid waste.
"Treatment" includes incineration.
A tire that is no longer suitable for its original purpose because
of wear, damage or defect.
Leaves, grass clippings, yard and garden debris, and brush, including
clean woody vegetative material no greater than six inches in diameter. This
term does not include stumps, roots or shrubs with intact root balls.
A.
Occupants of single-family and two-to-four-unit residences,
multiple-family dwellings and nonresidential facilities and properties shall
separate the following materials from postconsumer waste:
(1)
Lead acid batteries.
(2)
Major appliances.
(3)
Waste oil.
(4)
Yard waste.
(5)
Aluminum containers.
(6)
Bimetal containers.
(7)
Corrugated paper or other container board.
(8)
Foam polystyrene packaging.
(9)
Glass containers.
(10)
Magazines.
(11)
Newspaper.
(12)
Office paper.
(13)
Rigid plastic containers made of PETE, HDPE, PVC, LDPE,
PP, PS, and other resins or multiple resins.
(14)
Steel containers.
(15)
Waste tires.
(16)
Scrap metal.
B.
The Common Council of the City of Bayfield reserves the
right to designate additional solid waste materials as recyclable, or currently
collected materials as no longer recyclable in accordance with state law and
to either add or delete them from any collection services provided by the
City or its contractors. The City of Bayfield shall provide written notice
to service recipients of this declaration.
The separation requirements of § 342-17 do not apply to the following:
A.
Occupants of single-family and two-to-four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 342-17 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel at
a facility if less than 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
C.
A recyclable material specified in § 342-17A(5) through (16) for which a variance has been granted by the Department of Natural Resources under §§ 287.07(7)(d) or 287.11(2m), Wis. Stats., or NR 544.14, Wisconsin Administrative Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 342-17 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
Occupants of single family and two to four unit residences, multiple-family
dwellings and nonresidential facilities and properties shall manage lead acid
batteries, major appliances, waste oil, and yard waste and waste tires as
follows:
A.
Lead acid batteries shall be taken to a retailer of lead
acid batteries or other business that accepts lead acid batteries for recycling.
B.
Major appliances shall be taken to the BRB transfer station,
a retailer of major appliances, or other business which accepts such appliances
for recycling.
C.
Waste oil shall be taken to the BRB transfer station
or other site or facility which collects waste oil for reuse, reprocessing,
or burning.
D.
Yard waste shall be composted or otherwise disposed of
on-site or on the property of another with his or her consent in a manner
which is environmentally sound, does not create a nuisance, and meets applicable
regulations of the Wisconsin Department of Natural Resources.
A.
Except as otherwise specifically provided, occupants of single-family and two-to-four-unit residences shall take the separated materials specified in § 342-17A(5) through (16) to the BRB transfer station or other facility or business which collects such materials for recycling, or, if an occupant has contracted for the collection of such materials from his or her residence by a licensed hauler, they may be placed at street- or roadside for pickup no earlier than eight hours before pickup, if they are contained in a manner to prevent scattering and undue unsightliness and odor and if they are in compliance with all regulations of the hauler. Materials taken to the BRB transfer station shall be separated by type of material. In addition to the requirements of § 342-19 the materials shall be prepared for collection as follows:
(1)
Aluminum containers shall be crushed and flattened.
(2)
Bimetal containers shall be crushed or flattened.
(3)
Corrugated paper or other container board shall be flattened
and bundled.
(4)
Foam polystyrene packaging shall be contained in plastic
bags.
(5)
Glass containers shall be separated by color (clear,
green and brown) with caps removed and kept in an unbroken condition.
(6)
Magazines shall be contained in cardboard boxes or paper
or plastic bags.
(7)
Newspaper shall be contained in cardboard boxes or paper
or plastic bags.
(8)
Office paper shall be contained in cardboard boxes or
paper or plastic bags.
(9)
Rigid plastic containers shall be flattened to the extent
practicable with caps removed.
(10)
Steel containers shall be flattened to the extent practicable
with labels removed.
(11)
Waste tires shall be taken to a retailer of tires or
other business which collects tires, or shall be taken to the appropriate
drop off location for any tire collection arranged by the municipality. They
shall not be taken to the BRB transfer station unless such action has been
specifically authorized by the municipality.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 342-17A(5) through (16):
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify tenants in writing at the time of renting or leasing
the dwelling and at least semiannually thereafter about the established recycling
program.
(3)
Provide for the collection of the materials separated
from the solid waste by the tenants and the delivery of the materials to a
recycling facility.
(4)
Notify tenants of reasons to reduce and recycle solid
waste, which materials are collected, how to prepare the materials in order
to meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including a name,
address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 342-17A(5) through (16) from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 342-17A(5) through (16):
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify in writing, at least semiannually, all users,
tenants and occupants of the properties about the established recycling program.
(3)
Provide for the collection of the materials separated
from the solid waste by the users, tenants and occupants and the delivery
of the materials to a recycling facility.
(4)
Notify users, tenants and occupants of reasons to reduce
and recycle, which materials are collected, how to prepare materials in order
to meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including a name,
address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 342-17A(5) through (16) from solid waste in as pure a form as is technically feasible.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility or otherwise dispose of within the municipality any of the materials specified in § 342-17A(5) through (16) not exempted under § 342-18C except as provided herein, provided that waste tires may be burned with energy recovery in a solid waste treatment facility, and provided further that visitors to the City who do not use or occupy residences, properties, or facilities subject to § 342-21, 342-22 or 342-23 may dispose of recyclable materials within the City in receptacles provided by the City for such purpose in accordance with such rules as the City shall adopt and post at the receptacles.
A.
No hauler shall operate within the City without being
first licensed by the Wisconsin Department of Natural Resources if required
to be licensed under § NR 502.06, Wis. Adm. Code.
B.
Any hauler operating within the City shall transport
recyclable materials from the municipality for processing only to facilities
approved in writing by the municipality and self-certified with the Wisconsin
Department of Natural Resources under § NR 544.16, Wis. Adm. Code.
C.
No hauler shall dispose of in a landfill or elsewhere by dumping or burning in a solid waste facility or elsewhere any recyclable materials from the municipality except as provided by § 342-18 and except that a hauler may dispose of a microwave oven in a solid waste disposal facility if the capacitor has been removed and disposed of in accordance with § 299.45(7), Wis. Stats., if applicable.
D.
Any hauler operating within the City shall maintain records
and report in writing to the City Clerk at least twice each year. Each report
shall include the amounts of recyclable materials and other solid waste collected
and transported from the City; the amounts of recyclable materials and other
solid waste processed and/or marketed by item type from the City; and the
final disposal location of such recyclable materials and other solid waste.
E.
Fees charged by haulers for the collection of recyclable
materials or other solid waste within the City shall be volume based.
It shall be unlawful for any person, unless under contract with City
of Bayfield or with the permission of the owner, to collect or remove any
recyclable material that has been deposited or placed at the street- or roadside
or in a container adjacent to a residence or nonresidential building for the
purposes of collection for recycling.
A.
No person shall dispose of, dump, or place any recyclable
materials or solid waste in any street, alley, or other public place within
the City or in any receptacle or upon any private property without the owner's
consent except as otherwise permitted by this article or other ordinances
of the City.
B.
No person shall place for collection any recyclable materials
or other solid waste at street- or roadside, except at a location upon or
adjacent to property owned or occupied by such person.
No person shall, without the written consent of the City, place for
collection or cause to be delivered to the BRB transfer station any solid
waste consisting of or containing hazardous or toxic wastes, chemicals, explosives,
flammable liquids, paint, trees or stumps, construction debris, carcasses,
or medical wastes (except personal needles contained in cardboard to eliminate
injury to collection personnel).
No person shall bring solid waste for disposal or collection within
the City from without the City except as authorized by the City.
A.
A hauler may refuse to collect, and a BRB transfer station
attendant may reject, recyclable materials or other solid waste for any of
the following reasons:
B.
Upon such refusal or rejection the hauler or attendant
shall inform the person proffering the recyclable materials or other solid
waste for collection of the reasons therefor.
Recyclable materials and other solid waste shall become the property
of a hauler who has contracted to haul them when the hauler takes possession
of them.
A.
Any authorized officer, employee or representative of
the City of Bayfield may inspect recyclable materials separated for recycling,
postconsumer waste intended for disposal, collection sites and facilities,
collection vehicles, collection areas of multiple-family dwellings and nonresidential
facilities and properties, solid waste disposal facilities and solid waste
treatment facilities, and any records relating to recycling activities, for
the purpose of ascertaining compliance with the provisions of this article.
No person may refuse access to any authorized officer, employee or authorized
representative of the City of Bayfield who requests access for purposes of
inspection, and who presents appropriate credentials. No person may obstruct,
hamper, or interfere with such an inspection.
B.
Any person who violates a provision of this article may be issued a citation by the governing body of the City or its designated agent, or any law enforcement officer of the City, for violation of this article under Chapter 27, Citations, of the Code of the City of Bayfield as authorized under § 66.0113, Wis. Stats.
C.
D.
In lieu of issuing a citation for a violation of this
article, the City, by decision of its governing body, may commence a legal
action by filing a summons and complaint seeking a forfeiture and/or injunctive
relief. The issuance of a citation shall not preclude the commencement of
such an action.
