[HISTORY: Adopted by the Town Board of the Town of Buchanan 8-17-2010 by Ord. No. 2010-03. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any of the types of waste described in the definitions that
follow.
Includes freezers, refrigerators, stoves, clothes washers
and dryers, water heaters, televisions, dehumidifiers, humidifiers,
water softeners, dishwashers, air conditioners, ovens, microwave ovens,
residential and commercial furnaces, boilers and other items as determined
by the Town Board.
Waste resulting from the operation of business enterprises
including, but not limited to, offices, stores, restaurants, day cares,
nursing homes, light industrial plants and similar businesses. Commercial/industrial
waste further includes bulky waste and other waste as determined by
the Town Board.
Waste resulting from building construction or demolition,
alteration or repair, including excavated material, remodeling and
other waste such as concrete, stone, asphalt, sod, earth, dirt and
brick. Construction/demolition waste includes other waste as determined
by the Town Board.
The collection of domestic waste, bulky waste, recyclable
waste, and yard waste at the curb or from an alley or roadside.
All residential waste other than yard waste, commercial/industrial
waste, bulk waste, recyclable waste, animal feces, and construction/demolition
waste. Domestic waste shall include the following: garbage (defined
as waste resulting from the handling, cooking, processing, preparation,
serving, storage and consumption of food, including animal, vegetable
or other matter which is subject to decomposition, decay and putrefaction);
cold ashes; small quantities of household wood material; rags; cloth,
and other waste as determined by the Town Board.
Includes materials banned from landfilling or incineration
pursuant to state law, which said items include, but are not limited
to, aluminum containers, cardboard (corrugated paper), glass containers,
newspapers, plastic containers, tin (bimetal containers), magazines,
office paper, steel containers, foam polystyrene packaging, and waste
tires. Recyclable waste further includes materials as determined by
the Town Board.
Includes leaves, yard and garden debris and brush, tree material,
stumps, roots or shrubs with intact root balls, including clean woody
vegetative material.
The penalty for the violation of this chapter shall be as provided in § 1-7.
Provisions of this article govern the storage, collection, transportation,
treatment, utilization, processing and disposal of solid waste by
any person for the protection of the environment in the Town.
No person, firm or corporation owning land, leasing it or having
any interest therein whatsoever, which is located in the Town of Buchanan,
shall dump or dispose of garbage, rubbish, refuse, liquid or solid
waste material including sludge, sewage (excluding animal waste used
as a fertilizer) or waste liquids of any kind or nature, on his property
or on any property which is located in the Town of Buchanan or permit
any other person, firm or corporation to dump or 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 material on his property or on any property in the
Town of Buchanan except with licenses issued by the Town Board of
the Town of Buchanan and/or Outagamie County and in conformity with
the provisions herein set out.
A.
Commercial/industrial waste and construction/demolition waste. Commercial/industrial
waste and construction/demolition waste shall be collected by private
contract of the owner. This waste shall be collected in such manner
and frequency as needed to protect the public safety and welfare of
the Town of Buchanan. The Town may offer and provide for commercial
waste collection as approved by the Town Board.
B.
Yard waste. Yard waste shall be collected as set forth in the rules
and regulations as established by the Town Board.
(1)
All yard waste shall be separated from all other refuse. Yard waste
shall be disposed of or placed for collection only in compliance with
rules and regulations as established by the Town Board from time to
time. Said rules and regulations shall be available at the Town Hall.
Disposal or dumping of yard waste on any public premises or road right-of-way
or upon any private lands not in compliance with the Town Board's
rules and regulations is hereby prohibited and subject to the penalties
of this chapter.
(2)
All brush, branches, cuttings from trees or shrubs shall be placed
in an approved container or be tied in bundles not to exceed three
feet in length, two feet in diameter, and less than 50 pounds in weight.
Yard waste shall be collected as set forth in the rules and regulations
as established by the Town Board.
(3)
Yard waste collection as described herein shall be from all residential
properties in the Town of Buchanan and shall not include business
properties. Any business which produces yard waste shall be responsible
for the proper disposal of the yard waste in conformity with the Town
of Buchanan Code.
C.
Domestic waste.
[Amended 3-20-2018 by Ord. No. 2018-04]
(1)
Domestic waste collection.
(a)
The maintenance of the public health, safety, sanitation and
aesthetics requires that all generators of domestic waste in the Town
of Buchanan accept, arrange for and pay for domestic waste collection
and disposal services established by the Town. Domestic waste collection
service is mandatory for all occupied premises.
(b)
The owner and occupant of any residence shall be responsible
for proper and sanitary storage of all domestic waste accumulated
at that residence until picked up by the collecting and transporting
service.
(c)
All domestic waste shall be drained and kept in a container
furnished by the Town's waste hauler. Plastic bags, paper sacks
or bags which are not in the furnished container shall be considered
inadequate containers and shall not be picked up.
(d)
Domestic waste shall be collected by the Town from all residences
on a weekly basis, provided such waste is properly handled, prepared,
contained, stored and located in conformance with this chapter.
(e)
Domestic waste collection service to be special charge. The
cost of the service shall be a special charge pursuant to § 66.0627,
Wis. Stats., and shall be allocated in full to the property served.
If not paid by October 1 of each year or by such other date as determined
by the Town Board, such charges shall be determined delinquent and
shall become a lien, as provided by § 66.0627, Wis. Stats.,
as of the date of such delinquency and shall automatically be extended
upon the current or next tax roll as a delinquent tax against the
property.
(f)
Further rules and regulations concerning the collection, storage
and disposal of domestic waste shall be as set forth in the Town Board's
rules and regulations, as established by the Town Board from time
to time, which said rules and regulations shall be available at the
Town Hall and which said rules and regulations shall have full force
and effect as a Town ordinance as if fully described at length herein.
(3)
Holiday collection schedule.
(a)
The Town reserves the right to observe holidays. Holidays will
be identified in the annual Town schedule.
(b)
When one of the holidays falls on a weekday, the service day(s)
may slide to the following day for the remainder of the week, the
service day(s) will occur within the collection week, Monday through
Saturday, the holiday occurs.
(4)
Domestic waste containers.
(a)
Owners and occupants of residences must use only the furnished
containers approved by the Town for domestic waste collection operations.
(b)
Sixty-five-gallon domestic waste containers shall be provided
by and be the property of the Town's waste hauler.
(c)
The domestic waste container furnished by the Town's waste
hauler must remain at the property of the Town and must remain at
the site assigned.
(5)
Placement of cart for collection.
(a)
Domestic waste containers shall be prepared for collection and
placed at the curb or road side prior to 6:00 a.m. on the scheduled
day of collection each week.
(b)
Any domestic waste containers, when placed in front of the residence,
shall not be placed more than 12 hours before the collection date
and shall be removed by 12:00 midnight on the date of collection.
Containers left at the curb or road beyond midnight shall be in violation
of this chapter.
(c)
All domestic waste containers shall be placed three to five
feet apart (when space allows).
(d)
Domestic waste containers not set out in conformance with these
rules shall be deemed an improper set out. In order to maintain the
health and cleanliness of the Town, the container and materials may
be collected and removed and a fee may be assessed for this additional
service.
(6)
Maintenance of carts.
(a)
The furnished containers shall be stored on private property.
(b)
The furnished containers for the storage and collection of domestic
waste shall be maintained in such a manner as to prevent the creation
of a nuisance to public health and safety. Owners and occupants of
residence are responsible to keep container lids tightly fitted on
the container and the lids closed. Failure to maintain a container
or automated cart lid in a closed or shut position encourages spreading
of diseases, vermin and spilling or spreading of container contents.
(c)
Maintenance of the domestic waste container shall be the responsibility
of the owner.
(d)
Any loss and/or damage, beyond normal wear and tear, to the
domestic waste containers shall be the responsibility of a Town residential
owner. The Town will charge the owner the cost of the repair or replacement,
including any cost to deliver the container.
(7)
Materials accepted for domestic waste collection.
(a)
Animal feces shall be properly disposed of by wrapping in paper
or plastic, then placing it in the furnished containers.
(8)
Materials not accepted for domestic waste collection.
(a)
Hazardous waste, biomedical waste, special waste, syringes and
needles, motor vehicle tires or wheels, automobiles or large automotive
parts, paints, paint solvents, unemptied aerosol cans, compressed
gas cylinders, large engine parts, small engines containing oils or
fuels, chemicals, large glass panes, large tree debris, stumps, ammunition
of any types, dead animals larger than 10 lbs., and firearms, hot
cinders, ashes or any smoldering embers; discarded refrigerators,
ranges, washers, water heaters, freezers, and other similar domestic
and commercial large appliances; rocks, dirt or construction debris;
items larger than the container, waste which the acceptance and handling
of would cause a violation of any permit condition, legal or regulatory
requirements, or present a substantial danger to the health or safety
of the public or Town waste hauler's employees; waste which is
or may be prohibited from disposal at the applicable disposal site
by local, state and federal law, regulation, rule, code, ordinance,
order, permit or permit condition, and any containers with such prohibited
materials, shall not be collected.
(b)
The Town may conduct a container audit on residents to ensure
the waste stream is not being contaminated.
(9)
Excess trash.
(a)
Excess domestic waste materials not within the furnished containers
placed at the curb will not be collected.
(10)
Cart requests. Any resident requesting an additional domestic
waste container will be charged an additional monthly rate. The requestor
will also be required to take a recycling container. The fees imposed
pursuant to this chapter shall be listed in the Town Fees and Licenses
Schedule.[1]
[1]
Editor's Note: The Town Fees and Licenses Schedule is
on file in the office of the Town Administrator.
D.
Bulky waste. Bulky waste shall be collected only after special arrangements
have been made by the owner of the Town residence with the Town for
pickup of the bulky waste item. The cost for pickup of bulky waste
shall be determined by the Town Board. The resident shall pay the
Town directly for the removal of the bulky waste item.
E.
Recyclable waste.
(2)
Recycling waste collection.
(a)
The maintenance of the public health, safety, sanitation and
aesthetics requires that all generators of recycling waste in the
Town of Buchanan accept, arrange for and pay for domestic waste collection
and disposal services established by the Town. Recycling waste collection
service is mandatory for all occupied premises.
(b)
The owner and occupant of any residence shall be responsible
for proper and sanitary storage of all recycling waste accumulated
at that residence until picked up by the collecting and transporting
service.
(c)
All recycling waste shall be drained and kept in a container
furnished by the Town's waste hauler. Plastic bags, paper sacks
or bags which are not in the furnished container shall be considered
inadequate containers and shall not be picked up.
(d)
Recycling waste shall be collected by the Town from all residences
on a weekly basis, provided such waste is properly handled, prepared,
contained, stored and located in conformance with this chapter.
(e)
Recycling waste collection service to be special charge. The
cost of the service shall be a special charge pursuant to § 66.0627,
Wis. Stats., and shall be allocated in full to the property served.
If not paid by October 1 of each year or by such other date as determined
by the Town Board, such charges shall be determined delinquent and
shall become a lien, as provided by § 66.0627, Wis. Stats.,
as of the date of such delinquency and shall automatically be extended
upon the current or next tax roll as a delinquent tax against the
property.
(f)
Further rules and regulations concerning the collection, storage
and disposal of recyclables shall be as set forth in the Town Board's
rules and regulations, as established by the Town Board from time
to time, which said rules and regulations shall be available at the
Town Hall and which said rules and regulations shall have full force
and effect as a Town ordinance as if fully described at length herein.
(4)
Holiday collection schedule.
(a)
The Town reserves the right to observe holidays. Holidays will
be identified in the annual Town schedule.
(b)
When one of the holidays falls on a weekday, the service day(s)
may slide to the following day for the remainder of the week, the
service day(s) will occur within the collection week, Monday through
Saturday, the holiday occurs.
(5)
Recycling containers.
(a)
Owners and occupant of residences must use only the furnished
containers approved by the Town for recycling waste collection operations.
(b)
Ninety-five-gallon recycling waste containers shall be provided
by and be the property of the Town's waste hauler.
(c)
The recycling waste container furnished by the Town's waste
hauler must remain at the property of the Town and must remain at
the site assigned.
(6)
Placement of cart for collection.
(a)
Recycling waste containers shall be prepared for collection
and placed at the curb or road side prior to 6:00 a.m. on the scheduled
day of collection each week.
(b)
Any recycling waste containers, when placed in front of the
residence, shall not be placed more than 12 hours before the collection
date and shall be removed by 12:00 midnight on the date of collection.
Containers left at the curb or road beyond midnight shall be in violation
of this chapter.
(c)
All recycling waste containers shall be placed three to five
feet apart (when space allows).
(d)
Recycling waste containers not set out in conformance with these
rules shall be deemed an improper set out. In order to maintain the
health and cleanliness of the Town, the container and materials may
be collected and removed and a fee may be assessed for this additional
service.
(7)
Maintenance of carts.
(a)
The furnished containers shall be stored on private property.
(b)
The furnished containers for the storage and collection of recyclable
waste shall be maintained in such a manner as to prevent the creation
of a nuisance to public health and safety. Owners and occupants of
residence are responsible to keep container lids tightly fitted on
the container and the lids closed. Failure to maintain a container
or automated cart lid in a closed or shut position encourages spreading
of diseases, vermin and spilling or spreading of container contents.
(c)
Maintenance of the recycling waste container shall be the responsibility
of the owner.
(d)
Any loss and/or damage, beyond normal wear and tear, to the
recycling waste containers shall be the responsibility of a Town residential
owner. The Town will charge the owner the cost of the repair or replacement,
including any cost to deliver the container.
(8)
Materials accepted for recycling waste collection.
(a)
Newsprint, aluminum, tin cans, glass bottles and jars, plastic
containers, household batteries, cardboard and brown paper bags, magazines,
mixed office pack paper; additional recyclables may be identified
for collection by the disposal facility.
(9)
Materials not accepted for recycling waste collection.
(a)
Jars, containers, or flower pots contaminated with large amounts
of food or organic products, styrofoam; soaps, diapers, floppy disks
and CDs; soiled or food-stained paper, paper towels, cardboard, pizza
boxes, wet paper, cardboard; rubber bands, facial or toilet tissue;
medical supplies, needles or syringes; home chemical containers; compressed
gas or propane cylinders; automotive products; items larger than the
container, waste which the acceptance and handling of would cause
a violation of any permit condition, legal or regulatory requirements,
or present a substantial danger to the health or safety of the public
or Town waste hauler's employees; waste which is or may be prohibited
from disposal at the applicable disposal site by local, state and
federal law, regulation, rule, code, ordinance, order, permit or permit
condition, and any containers with such prohibited materials, shall
not be collected.
(b)
Recyclables contaminated with greater than 10% of domestic waste
will be treated as domestic waste.
(c)
The Town may conduct a container audit on residents to ensure
the waste stream is not being contaminated.
(10)
Excess recycling.
(a)
Excess recyclable waste materials not within the furnished containers
placed at the curb will not be collected.
(11)
Cart requests.
(a)
Any resident requesting an additional recycling waste container
will be charged an additional monthly rate. The requestor will also
be required to take a domestic waste container. The fees imposed pursuant
to this chapter shall be listed in the Town Fees and Licenses Schedule.[2]
[2]
Editor's Note: The Town Fees and Licenses Schedule is
on file in the office of the Town Administrator.
No person residing outside the Town limits shall bring into
the Town for disposal or collection any solid waste, yard waste, waste
oil, tires, bulky waste, as defined herein, or any banned landfill
materials.
No person shall throw, place or deposit any solid waste or yard
waste in any street, alley, public place or private property within
the Town limits except in proper containers for disposal and collection
as described herein.
Owners or designated agents of multiple-family dwellings (five or more units) shall do all of the following to recycle the materials specified in § 450-5E:
A.
Provide adequate, separate containers for the recyclable waste.
B.
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
C.
Provide for the collection of the materials separated from the solid
waste by the users, tenants and occupants and for the delivery of
the materials to a recycling facility.
D.
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.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 450-5E:
A.
Provide adequate, separate containers for the recyclable waste.
B.
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
C.
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.
D.
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.
[Amended 11-10-2016 by Res. No. 2016-05]
It shall be unlawful for any person other than authorized Town
employees or persons having written authorization by the Town Administrator
to go through, sort or take anything from any solid waste or recyclables
that have been set out in bags, cans or other approved containers
for the purpose of being picked up by the Town's refuse/recycling
collector. Yard waste, grass clippings and brush are not included
in the prohibitions set forth in this section.
[Amended 11-10-2016 by Res. No. 2016-05]
No person shall permit any solid waste, recyclable waste, yard
waste or other substance tending to create a nuisance to be thrown
out or distributed on or about the premises, including adjacent property,
streets, alleys, creeks or streams within the Town. When it has been
determined that a facility's solid waste or other substance becomes
a nuisance to adjoining property owners, including Town streets, by
being scattered, the Town Administrator shall require the owner of
the facility to provide an adequate enclosure, including fencing,
to prevent solid waste or other substances from being blown or scattered
to adjoining properties and the Town streets.
Backyard composting of yard wastes is encouraged. However, such
an operation must be maintained to prevent a nuisance condition, unsightly
mess or an environmental or health hazard. General guidelines published
by the Wisconsin Department of Natural Resources shall be followed.
No dairy products, meat, fish, fat, oils, bones or animal wastes shall
be composted.
