[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:
AGRICULTURAL ESTABLISHMENT
An establishment engaged in the rearing and slaughtering of animals
and the processing of animal products or orchard and field crops.
BULKY WASTE
Items whose large size precludes or complicates their handling by
normal collection, processing or disposal methods.
COMMERCIAL UNIT
Commercial units shall be all property other than residential units
and shall include boarding houses, motels and resorts.
DEMOLITION WASTES
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.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DWELLING UNIT
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.
GARBAGE
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.
HAZARDOUS WASTE
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.
INDUSTRIAL WASTE
Waste material, except garbage, rubbish and refuse, directly or indirectly
resulting from an industrial processing or manufacturing operation.
LITTER
Solid waste scattered about in a careless manner, usually rubbish.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial or institutional
activities or a building or group of buildings consisting of four or more
dwelling units.
PERSON
Individuals, firms, corporations and associations, and includes the
plural as well as the singular.
RECYCLABLE WASTE
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.).
REFUSE
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.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment
from residential dwelling units.
RESIDENTIAL UNIT
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.
RUBBISH
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.
SCAVENGING
The uncontrolled removal of materials at any point in solid waste
management.
SOLID WASTE
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.
STORAGE
The interim containment of solid waste in an approved manner after
generation and prior to collection and ultimate disposal.
STORAGE AREAS
Areas where persons place containers during noncollection days as
well as areas where containers are set out on collection day.
WASTE
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.
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.
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:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily
of a combination of steel and aluminum.
BRB TRANSFER STATION
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.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers
and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one
of the following criteria:
A.
Is designated for serving food or beverages.
B.
Consists of loose particles intended to fill space and cushion the packaged
article in a shipping container.
C.
Consists of rigid materials shaped to hold and cushion the packaged
article in a shipping container.
HAULER
A person who transports postconsumer waste for compensation.
HDPE
High-density polyethylene plastic containers marked by the SPI Code
No. 2.
LDPE
Low-density polyethylene plastic containers marked by the SPI Code
No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes
washer, dishwasher, freezer, oven, microwave oven, refrigerator, furnace,
dehumidifier, water heater or stove.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those
which are occupied seasonally.
NEWSPAPERS
A newspaper and other materials printed on newsprint.
OFFICE PAPER
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.
PERSON
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.
PETE
Polyethylene terephthalate plastic containers marked by the SPI Code
No. 1.
PLASTIC CONTAINER
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.
POSTCONSUMER WASTE
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.
PP
Polypropylene, labeled by the SPI Code No. 5.
PS
Polystyrene plastic containers marked by the SPI Code No. 6.
PVC
Polyvinylchloride plastic containers marked by the SPI Code No. 3.
RECYCLABLE MATERIALS
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.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
SCRAP METAL
Metal postconsumer waste other than that contained in or comprising
aluminum containers, steel containers, bimetal containers, major appliances,
or lead acid batteries.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the
physical, chemical or biological character or composition of solid waste.
"Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because
of wear, damage or defect.
YARD WASTE
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.
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.
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.
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.
No person shall burn or bury any recyclable materials within the City except as permitted under §§
342-17B and
342-24.
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.
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.