[HISTORY: Adopted by the Town Board of the
Town of Grand Chute as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-7-1997 as
Ch. 10 of the 1997 Code]
The purpose of these regulations is to further
the maintenance of safe and healthful conditions, prevent and control
water pollution, promote the public health, safety and convenience
and interests of the residents of the Town of Grand Chute, Outagamie
County, Wisconsin, by establishing minimum standards covering the
dumping of waste material, solid or liquid, of any kind or nature
in the Town of Grand Chute, Outagamie County, Wisconsin, and provide
for licensing and regulation of all garbage disposal in said Town
of Grand Chute.
A license is required to dispose of any waste
material of any kind or nature, either liquid or solid. No person,
firm or corporation owning land, leasing it or having any interest
therein whatsoever which is located in the Town of Grand Chute, Outagamie
County, Wisconsin, shall dispose of garbage, rubbish or refuse, or
liquid or solid waste material, including sludge, sewage (excluding
animal waste used as fertilizer) or waste liquids of any kind or nature,
on his property or on any property which is located in the Town of
Grand Chute, Outagamie County, Wisconsin, or permit any other person,
firm, or corporation to dispose of such garbage, rubbish, refuse,
sewage, sludge (excluding animal waste used as fertilizer), waste
material of any kind or nature, wastewater, or either liquid or solid
waste materials on his property or on any property in the Town of
Grand Chute.
The application for license hereunder shall
be made to the Town Board for the Town of Grand Chute, Outagamie County,
Wisconsin, in writing. The applicant shall state the name and address
of the applicant and, if the applicant is a corporation, the name
and address of the corporation's registered agent.
A license issued hereunder should be for a term
of one year commencing on the day of issuance of the license. Such
license may be renewed by the Town Board for the Town of Grand Chute,
Outagamie County, Wisconsin, from year to year upon written application
and payment of the license fee and may be revoked by the Town Board
at any time for cause as hereinafter set out.
The applicant shall accompany his application
with an annual license fee as prescribed in the Town Fee Schedule.
If the application is denied, the license fee shall be returned to
the applicant.
Prior to issuance of any license hereunder,
the applicant shall furnish the Town Board a certificate of insurance
showing that the operations of the applicant pursuant to the license
will be covered by public liability and property damage and indemnity
insurance in the amount of $100,000 for each death or injury, $300,000
for all deaths and injuries occurring in a common accident, and $25,000
for property damage liability and will save the Town harmless from
any liability which may arise by reason of issuance of a license hereunder
or operations of the licensee hereunder. Failure to provide the insurance
required hereunder or cancellation of the insurance shall automatically
void the license issued hereunder.
[Amended 12-20-2011 by Ord. No. 2011-30]
The Town Board may revoke any license issued
hereunder for cause upon three days' notice to the applicant and opportunity
to be heard. Cause shall include a violation of this article or any
other ordinance or state law regulating the disposal of garbage, rubbish
and refuse or the creation of a public nuisance. Cause shall also
include disapproval of the State Department of Health Services of
the dump site or dumping location or of the dumping operations conducted
thereon. If any license is revoked hereunder the license fee shall
not be returned to the applicant.
The provisions of this article shall not apply
to dumping operations at a dump site or sanitary landfill owned by
Outagamie County, Wisconsin, nor shall this article apply to sanitary
landfill operations or dump sites owned by the municipal corporation
known as the "County of Outagamie," nor shall this article apply to
residents of the Town of Grand Chute engaged in private agricultural
or farming operations.
A.
No person shall operate a vehicle on a Town road or
other road in the Town of Grand Chute unless such vehicle is so constructed,
loaded and covered or secured as to prevent its contents from dropping,
sifting, leaking, or otherwise escaping therefrom.
B.
No person shall throw or deposit in any manner any
type of debris or waste material on or along any highway or road or
on any other public or private property.
A.
GARBAGE
RUBBISH
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Constitutes the refuse of animal or vegetable matter which
has been used or intended as food for man or beast.
Constitutes waste material, such as paper, fabric, cardboard,
tin cans, glass, furniture, cartons, boxes, and the like, excluding
garbage.
B.
Care of garbage. No person shall:
(1)
Deposit, handle or dispose of any garbage or other
debris or waste material within said Town of Grand Chute except in
the way and manner hereinafter provided.
(2)
Deposit, throw or place any garbage, offal, rubbish,
dead animal, refuse or other matter offensive to health, sight or
comfort along or within any public street, alley, park, sidewalk,
or other public place.
(3)
Deposit, throw, place or leave any garbage, offal, rubbish, dead animal, refuse or other matter decaying or offensive to health, sight or comfort on or within any private property or premises, whether owned, kept, or controlled by such person or not, except and unless placed in cans, tanks or containers as provided in Subsection C and D.
C.
Containers.
[Amended 3-20-2012 by Ord. No. 2012-06]
(1)
Approved containers shall consist of:
(a)
Automated collection containers provided by the Town’s contracted
waste hauler, not exceeding the weight capacity marked on the container.
(2)
Rubbish and garbage not contain within an approved
container will not be collected.
(3)
Larger containers are permitted but only in the form
known as the "mechanical dumpster." On dates designated for pickup
by the Town Board, such containers shall be placed in an orderly manner
near the street or alleyway of the premises.
(4)
Containers too tightly packed or frozen to prevent easy removal of
the contents will not be collected.
D.
Mechanical dumpster containers may be required. The
Town Board or the person designated by the Town to regulate disposal
of materials under these regulations (or approval of the Town Board)
may require and direct that the container device known as a "mechanical
dumpster" be used by the owners of multifamily residential units when:
E.
Duty of resident.
(1)
Every resident of the Town shall clean up all ashes,
rubbish, and garbage which may be in or upon the premises owned and
occupied by him and shall store the same in containers as above provided.
If the owner or occupant fails to do so, the same shall be done by
the Town, and the expense thereof shall be charged against the premises
and become a lien against the same and shall be included as a special
assessment against the property.
(2)
It shall further be the duty of all residents to place
at the roadside at or before 6:00 a.m. of the day designated for pickup
of trash in their area by the Town Board all containers of rubbish
and garbage so that the same may be picked up by the contractor of
the Town. Said containers shall be placed within six feet of the roadside
and in an obvious position so that they can be easily discoverable
by persons picking up said materials. The container shall not be placed
at the roadside sooner than 12 hours before 6:00 a.m. of the day designated
for pickup. Said container shall be removed from the roadside within
12 hours of said 6:00 a.m. deadline specified herein on the day of
pickup, and no containers for rubbish, garbage and storage of other
materials shall be left at the roadside by the occupant or owner after
7:00 p.m. of the day specified for pickup.
(3)
It shall be the duty of the residents in multiple-family dwellings to deposit said rubbish and garbage into mechanical dumpsters or other large containers provided at the said residence, and it shall be the responsibility of the landlord of the multiple-family dwelling to see that said placement of the containers is made in a satisfactory manner to the contractor of the Town with approval of the Town Board for said method of pickup and placement of said containers. This subsection shall apply only to multiple-family dwellings, and all single-family residential dwellings shall be required to follow Subsection E(1) and (2) of this regulation with regard to placement of said containers upon the premises and at the roadside.
F.
Salvaging prohibited. No person other than authorized
Town employees shall go through, sort or take anything from any rubbish
or waste material that has been set out for the purpose of being picked
up. No person shall set out any of the following material:
G.
Collection. Said Town Board shall, from time to time,
hereinafter and as often as may be necessary and required, cause to
be collected the garbage and glass deposited and contained in said
cans or containers and shall collect all other burnable and waste
material so piled or contained upon such real estate and premises
and shall cause the same to be hauled, dumped and deposited in the
dumping grounds directed by the Town Board or in some other suitable
or proper place provided by said Town. Collection times shall be as
designated by the Town Board.
H.
Rules and regulations. The Town Board may establish
and enforce proper rules and regulations for the collection of rubbish
and garbage, including special contract removal for residents where
normal pickup under this article is refused because of the regulations
contained herein. Such special contract shall require the resident
to pay the cost of use of the equipment and men directly to the Town
contractor. Special contracts shall not be performed during regular
pickup hours as established by the Town Board.
Any person, firm or corporation who or which
shall violate any provision of this article shall, upon conviction
thereof, forfeit an amount as prescribed in the Uniform Forfeiture
and Bond Schedules, together with the costs of prosecution, and in
default of payment of such forfeiture and costs of prosecution shall
be imprisoned in the county jail until said forfeiture and costs are
paid, but not exceeding 90 days. Each violation and each day a violation
continues or occurs shall constitute a separate offense. This section
shall not preclude the Town from maintaining any appropriate action
to prevent or remove a violation of this article.
A.
Town residents of the Town of Grand Chute are required
to place rubbish and garbage at the street curb for pickup by the
refuse hauler designated from year to year by the Town of Grand Chute.
From time to time there have been complaints that third parties have
directly or indirectly interfered with such rubbish/garbage as placed
at the street line by going through the garbage and taking items therefrom
without permission of the property owner. It is determined by the
Town of Grand Chute that this section is necessary to promote the
public health, safety, convenience and public interest of the residents
of the Town of Grand Chute.
B.
Third parties (by definition excluding the Town of
Grand Chute and its contract hauler and the affected property owner)
are prohibited from going upon Town roads, Town road rights-of-way
or private property as abutting a Town road for the purpose of removing
any item of garbage/rubbish as placed by the affected property owner
at the Town road right-of-way line for Town road refuse pickup (unless
upon and with the express consent of the affected property owner).
[Amended 6-6-2000]
A.
Adopted herein by reference are Chs. NR 140 and NR
502, Wis. Adm. Code, as now in effect and as amended by the Department
of Natural Resources from time to time.
B.
Backyard and neighborhood composting sites less than
50 cubic yards are exempt from Ch. NR 502, Wis. Adm. Code, of the
Department of Natural Resources. However, any and all backyard and
neighborhood composting sites shall be subject to all Town of Grand
Chute ordinances dealing with public nuisances when and if the same
are established or operated in such a fashion or method as to cause
a public nuisance to neighboring property owners or where the same
would cause damage to any water source.
C.
All compost piles and bins shall be maintained using
approved composting procedures to comply with the following requirements:
(1)
All compost piles other than compost piles consisting
solely of yard waste, excluding fruit, shall be enclosed in a freestanding
compost bin. Compost bins used shall be designed especially for the
nature of this type of service.
(2)
All compost piles and bins shall be so maintained
as to prevent the attraction or harborage of rodents and pests.
(3)
All compost piles and bins shall be so maintained
as to prevent unpleasant odors. Composting bins containing fruit shall
be kept covered, except when turning. All composting piles or bins
shall be located not less than three feet from a property line or
building.
(4)
No compost pile or bin shall be located in any yard except a rear yard. All piles or bins shall be placed between the rear building wall of the primary dwelling and the rear lot line extended to the side lot line. Subsection C(1) above shall not apply to a compost pile or bin located in a side yard or abutting a public street substantially screened from view from the street right-of-way and from the ground level of the adjacent residences by shrubs and other plantings or by fencing, provided that such plantings or fencing shall at all times exceed the height of the compost bin or pile by no less than one foot and comply with vision corner requirements.
(5)
No backyard or neighborhood composting site shall
be located within a floodplain or within 75 feet of a navigable stream.
D.
Yard waste composting facilities which exceed 50 cubic
yards shall be required to obtain an annual permit from the Town of
Grand Chute. The permit fee shall be as prescribed in the Town Fee
Schedule.
E.
All yard waste composting facilities which exceed
50 cubic yards, on or before requesting the Town of Grand Chute's
annual permit, shall be required to comply with all terms and conditions
of Ch. NR 502, Wis. Adm. Code, of the Department of Natural Resources
and shall exhibit to the Town Clerk the written approval from the
Department of Natural Resources under § NR 502.08(4), Wis.
Adm. Code, where appropriate.
F.
All yard waste composting sites in excess of 20,000
cubic yards shall be prohibited within the municipal boundaries of
the Town of Grand Chute.
G.
Penalty.
(1)
Any violation of this section, including a violation
for failure to obtain a Town of Grand Chute permit or for failure
to comply with any or all provisions of Ch. NR 502, Wis. Adm. Code,
of the Department of Natural Resources, shall be subject to a forfeiture
for each and every violation as prescribed in the Uniform Forfeiture
and Bond Schedules.
(2)
Citations issued for violation of this section shall
be issued from time to time by Town of Grand Chute personnel as determined
and directed from time to time by the Town Board of Supervisors. Each
violation shall be cumulative within a calendar year.
H.
Any person, firm, partnership or corporation violating
this section shall, upon conviction, be subject to the above forfeiture
plus all costs of prosecution and in the event of default of payment
of such forfeiture and/or costs of prosecution shall be imprisoned
in the county jail until the forfeiture and costs of prosecution are
paid, for a period not to exceed 30 days.
I.
In the event that any person, firm, partnership or
corporation shall violate this section, in addition to the above forfeiture,
the violator shall be required to discontinue and remove the violating
yard waste composting facility. Any costs incurred by the Town of
Grand Chute, being reasonable attorney fees and all costs and disbursements
related thereto, incurred to effectuate the removal of a yard waste
composting facility in violation of this section shall be collected
by legal suit against the violator, being a civil suit initiated on
behalf of the Town of Grand Chute in the appropriate Circuit Court.
Similarly, any reasonable legal fees, costs and disbursements incurred
therein on behalf of the Town of Grand Chute by way of injunction
or restraining order enforcing the terms and provisions of this section
shall be collected from the violator of this section by lawsuit in
the appropriate Circuit Court.
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The purpose of this article is to promote recycling, composting
and resource recovery through the administration of an effective recycling
program, as provided in § 287.11, Wis. Stats., and Ch. NR
544, Wis. Adm. Code.
This article is adopted as authorized under § 287.09,
Wis. Stats., and the Town.
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. When 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 state statutes or by a standard in Ch. NR 544, Wis. Adm.
Code, and where the provision of this article is unclear, the provision
shall be interpreted in light of the state statutes and Ch. NR 544
standards in effect on the date of adoption of this article or in
effect on the date of the most recent amendment to this article.
The requirements of this article apply to all persons within
the Town of Grand Chute.
The provisions of this article shall be administered by the
Town Administrator of the Town of Grand Chute.
As used in this article, the following terms shall have the
meanings indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
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 material printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, oven, microwave oven, refrigerator
or stove.
Plastic containers marked by the SPI Code No. 7.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper or other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper accepted as high grade. This term does
not include industrial process waste.
An 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.
Solid waste other than 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 plastic containers marked by the SPI Code No.
5.
Polystyrene plastic containers marked by the SPI Code No.
6.
Polyvinyl chloride plastic containers marked by the SPI Code
No. 3.
Lead acid batteries; major appliances; waste oil; yard waste;
aluminum containers; corrugated paper or other container board; foam
polystyrene packaging; glass containers; magazines; newspapers; office
paper; plastic containers, including those made of PETE, HDPE, PVC,
LDPE, PP, PS and mixed or other plastic resin types; steel containers;
waste tires; and bimetal containers.
The meaning specified in § 289.01(33), Wis. Stats.
The meaning specified in § 289.01(35), Wis. Stats.
Any method, technique or process which is designated to change
the physical, chemical, or biological character or composition of
solid waste. Treatment includes incineration.
A location designated by the Town from time to time to which
residents may bring various items as permitted by Town ordinance for
disposal.
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 materials no greater than six inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
Occupants of single-family dwellings, two- to four-family residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from post-consumer waste:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines or other material printed on similar paper.
K.
Newspaper or other materials printed on newsprint.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and
other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 520-21 do not apply to the following:
A.
Occupants of single-family dwellings, two- to four-unit residences, multiple-family dwellings and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 520-21 from solid waste in as pure 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
solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 520-21 shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other nonrecyclable 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 dwellings, 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 as follows:
A.
Lead acid batteries shall be taken back to the dealer or facility
required to accept them.
B.
Major appliances shall be brought to the transfer site for disposal
or picked up by the hauler for a pickup fee as set forth in the Town's
current refuse and recycling collection contract.
C.
Waste oil shall be taken to a licensed waste oil dealer for disposal.
D.
Yard waste shall be taken to the transfer site for disposal.
Except as otherwise directed by the Town, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 520-21E to O:
A.
Aluminum containers shall be brought to the transfer site for disposal.
B.
Bimetal containers shall be brought to the transfer site for disposal.
C.
Corrugated paper or other container board shall be brought to the
transfer site, broken down flat and not bundled.
D.
Foam polystyrene packaging shall be brought to the transfer site
for disposal.
E.
Glass containers shall be brought to the transfer site, clean of
all debris.
F.
Magazines or other material printed on similar paper shall be brought
to the transfer site not bundled for disposal.
G.
Newspaper or other materials printed on newsprint shall be brought
to the transfer site not bundled for disposal.
H.
Office paper shall be brought to the transfer site not bundled for
disposal.
I.
Plastic containers made of PETE, including liquor and soda bottles,
shall be brought to the transfer site.
J.
Plastic containers shall be prepared and collected as follows:
(1)
Plastic containers made of PETE, including liquor and soda bottles,
shall be brought to the transfer site loose and not bagged.
(2)
Plastic containers made of HDPE, including milk jugs and detergent
bottles, shall be brought to the transfer site clean with the tops
removed.
(3)
Plastic containers made of PVC, LDPE, PP and PS shall be brought
to the transfer site clean with the tops removed.
K.
Steel containers shall be brought to the transfer site clean.
L.
Waste tires shall not be brought to the transfer site.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 520-21E to O:
(1)
Provide adequate, separate containers for recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established 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 above do not apply to the owners or designated
agents of multiple-family dwellings if the post-consumer waste generated
within the dwelling is treated at the processing facility licensed
by the Department of Natural Resources that recovers for recycling
the materials specified in § 307-10E to O 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 for recycling the materials specified in § 520-21E to O:
(1)
Provide adequate, separated containers for the recyclable materials.
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the 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 or properties if the post-consumer 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 § 520-21E to O from solid waste in as pure a form as technically feasible.
A.
Haulers who collect solid waste or recyclables in the Town of Grand
Chute for storage, treatment, processing, marketing or disposal shall
obtain and maintain all necessary municipal or state permits, licenses
and approvals prior to collecting any materials in the Town of Grand
Chute.
B.
The hauler or Town has the right to reject or leave at the curb any
recyclable material that is not prepared according to the specifications
in this article. Materials may also be left if not separated from
solid waste, not placed in the proper container, or not designated
recyclable materials for collection. The hauler or Town also has the
right to refuse to pick up any solid waste if it contains recyclable
containers and material. In such cases, the hauler or attendant shall
notify the generator of the materials about the reasons for rejecting
the items. The hauler shall also keep a list of such occurrences and
provide it to the Town of Grand Chute quarterly upon request.
C.
The recycling haulers and processors operating in the Town of Grand
Chute are required to maintain records and report in writing to the
Town of Grand Chute Clerk or other designee at least once each year.
Reports shall include the amount of solid waste and recyclables collected
and transported from the Town of Grand Chute. Failure to report shall
be cause for the municipality to revoke any license or sever any contract
with the hauler/processor.
D.
Haulers may not dispose in a landfill or burn in a solid waste facility
any recyclable materials generated in the Town of Grand Chute.
The Town of Grand Chute reserves the right to designate additional
solid waste materials as recyclable or current materials as no longer
recyclable in accordance with state law and to either add or delete
them from any collection services provided by the Town or its contractors.
The Town shall provide written notice to its service recipients of
this declaration.
Any person who violates a provision of this article shall be
subject to a penalty as provided in the Uniform Forfeiture and Bond
Schedules.
