[Adopted 4-2-2001 as Title 8, Ch. 3, of the 2001 Code]
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
All property other than residential units and shall include
boardinghouses, motels and resorts.
CURB
The back edge or curb and gutter along a paved street or
where one would be if the street was paved and had curb and gutter.
DEMOLITION AND BUILDING 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.
DUMP
A land site where solid waste is disposed of in a manner
that does not protect the environment.
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 animal, 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, including pesticides, acids,
caustics, pathological wastes, radioactive wastes, flammable or explosive
materials and any such chemical or harmful waste which may require
special handling and is considered to be an immediate or potential
hazard to operation of a normal solid waste disposal system.
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 consisting of nine or more
dwelling units.
[Amended 11-17-2003]
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, and 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,
and garden debris.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential
environment from residential dwelling units.
RESIDENTIAL UNIT
An individual household capable of independent habitation
by a family unit. A single-family dwelling shall be considered to
be one residential unit; a 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
unit" shall not include boardinghouses, 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, and sweepings.
SANITARY LANDFILL
A method of disposing of refuse on land without creating
nuisances or hazards to the public health or safety by utilizing the
principles of engineering to confine the refuse to the smallest practical
area, to reduce it to the smallest practical volume and to cover it
with a layer of earth at the conclusion of each day's operation
or at such more frequent intervals as may be necessary to alleviate
objectionable conditions.
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 AREA
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection day.
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/her 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 provides
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. In the event of a violation, enforcement
shall be by building inspection, law enforcement or health authorities.
It is unlawful for any person, firm or corporation to place,
deposit or cause to be deposited, for collection, any waste or not
generated within the corporate limits of the City of New Lisbon.
[Added 11-17-2003]
The residents of residential dwellings, consisting of eight
or fewer units per building, shall have their solid waste collected
by the residential waste collector licensed by the City or by City
personnel.
[Added 12-21-2009 by Ord. No. 2009-2]
Refuse and recycling fees together with applicable billing and
due dates shall be set by resolution by the New Lisbon Common Council.
Notwithstanding any agreements to the contrary, the person/entity
ultimately responsible for the payment of all fees shall be the owner
of the serviced property. Any fees remaining unpaid at the time that
the City is required to submit real estate taxes to the county in
the fall of a calendar year shall be included as a special tax and
certified to the County Treasurer accordingly. At the time of submission,
a delinquency charge as set by resolution shall be added by the Clerk-Treasurer
and certified to the County Treasurer.
[Adopted 4-2-2001 as Title 8, Ch. 4, of the 2001 Code]
For the purpose of this article, the following terms shall have
the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping
containers and related products.
CONTAINER GLASS
Includes container glass only. "Glass" does not include ceramic
cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant
glass such as Pyrex®, lead-based glass such as crystal, or television
tubes.
CORRUGATED CARDBOARD
Includes corrugated cardboard only; it does not include waxed
cardboard or chipboard such as cereal boxes, shoe boxes, and similar
materials.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
A.
Is designed 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.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled 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, refrigerator or stove,
residential and commercial furnaces, boilers, dehumidifiers and water
heaters, and allowing the disposal of microwaves if the capacitor
has been removed.
MIXED PAPERS
Includes all grades of paper, including white, colored, ledger,
shiny, coated, and carbonless or NCR papers; envelopes, including
windowed, labeled, and kraft; and magazines, phone books, computer
printout paper, glued pads and tablets, file folders, key punch cards,
post-it notes, spiral notebooks, cereal boxes, shoe boxes, etc. It
can include paperclips and staples but does not include hand towels
or other paper products from rest rooms or soiled napkins and paper
plates; also does not include carbon paper, cellophane, or any waxed
paper.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including
those which are occupied seasonally.
NEWSPAPERS
Includes newspapers and newspaper advertisements, but does
not include catalogues, magazines, cardboard, or other paper products.
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, labeled by the SPI Code No. 1.
PLASTIC BOTTLES
Includes only plastic bottles clearly marked with the recycling
emblem encircling the number one (PET or PETE) or the number two (HDPE);
does not include motor oil bottles, even if they are labeled No. 1
or No. 2.
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, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries, major appliances, waste oil,
yard waste, aluminum cans, container glass, corrugated cardboard,
mixed papers, newspapers, No. 1 and No. 2 plastic bottles, tin cans
and waste tires.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis.
Stats.
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.
TIN CANS
Includes tin-coated metal cans and steel containers.
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.
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:
G. Corrugated paper or other container board.
H. Foam polystyrene packaging.
L. Plastic containers made of PETE (No. 1) and HDPE (No. 2) and plastic
containers or bottles made of PVC (No. 3), LDPE (No. 4), PP (No. 5),
PS (No. 6) and mixed or other plastic resin types (No. 7).
The separation requirements of §
429-14 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 §
429-14 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 §
429-14E through
N for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with §
429-14 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 and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil, waste
tires and yard waste as follows:
A. Lead acid batteries shall be recycled at a retail business that sells
lead acid batteries and accepts used batteries for the purpose of
recycling or shall be placed curbside for collection with recyclables.
Any fee imposed for the recycling of used batteries shall be the responsibility
of the generator.
B. Major appliances shall be recycled at a retail business that sells
appliances and accepts used appliances for the purpose of recycling.
C. Waste oil shall be recycled at a retail business that sells oil or
automotive products and accepts oil for the purpose of recycling.
D. Waste tires shall be recycled at a retail business that sells tires
or automotive products or placed at the curb or alleyway for collection
by the City of New Lisbon. Any fee charged for the recycling of waste
tires by the City of New Lisbon shall be the responsibility of the
generator.
E. Yard waste shall be handled according to the specifications of the
City's contractor.
Except as otherwise directed by the Common Council, 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 §
429-14E through
N:
A. All recyclables shall be commingled in a recycling container provided
by the City.
B. Aluminum cans shall be empty and shall include used beverage cans
only.
C. Container glass shall be cleaned, with caps and neck rings removed.
Labels can remain on glass. Glass must be color separated into clear,
brown, and green; place blue glass with green glass. Glass should
not be broken. Glass does not include ceramic cups, dishes, ovenware,
plate glass, safety and window glass, heat-resistant glass such as
Pyrex®, lead-based glass such as crystal, or television tubes.
D. Corrugated cardboard shall be clean and must be flattened and bundled
in bundles not more than 12 inches high and 36 inches wide and 48
inches long; it does not include waxed cardboard or chipboard, such
as cereal boxes, shoe boxes, and similar materials.
E. Office papers shall be bundled in bundles not more than 12 inches
high or placed in a brown paper grocery bag; includes all grades of
paper, including: white, colored, ledger, shiny, coated, and carbonless
or NCR papers; envelopes, including windowed, labeled, and kraft;
and magazines, computer printout paper, glued pads and tablets, file
folders, keypunch cards, post-it notes, etc. It can include paperclips
and staples but does not include hand towels or other paper products
from rest rooms or soiled napkins and paper plates; also does not
include carbon paper, cellophane, or any waxed paper.
F. Newspaper shall be bundled in bundles not more than 12 inches high
or placed in a brown paper grocery bag. Includes dry newspaper and
newspaper advertisements only; does not include catalogs, magazines,
or other paper products, which must be bundled separately.
G. Plastic bottles No. 1 and No. 2 shall be clearly marked with the
recycling emblem encircling the number one (PET or PETE) or the number
two (HDPE); does not include motor oil bottles, even if they are labeled
No. 1 and No. 2. Caps must be removed. Labels can remain on plastic.
All bottles shall be cleaned.
H. Tin cans shall be clean and labels must be removed. Cutout ends are
recyclable; tin cans with molded or round bottoms can be recycled
without the molded or round bottom removed, provided that the can
has been rinsed and labels have been removed. Includes tin-coated
metal cans and steel containers.
I. All nonpaper recyclables shall be placed for collection in clear
plastic bags or a container provided by the City.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in §§
429-14E through
N and
429-15 which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.