City of Marion, WI
Shawano, Waupaca County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 8, Ch. 3, of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 367.
Nuisances — See Ch. 445.
Junked vehicles and appliances — See Ch. 481, Art. II.

§ 519-1 Title.

This chapter shall be known as the "Solid Waste Management Ordinance of the City of Marion," hereinafter referred to as "this chapter."

§ 519-2 Purpose and intent.

It is hereby declared to be the purpose and intent of this chapter 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.

§ 519-3 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings given herein, unless different meanings are clearly indicated by the context:
BAGS
Plastic sacks designed for refuse with sufficient wall strength to maintain physical integrity when lifted by top, securely tied at the top for collection, with a capacity not to exceed 30 gallons and loaded weight not to exceed 50 pounds.
BULKY WASTE
A large appliance, piece of furniture or waste material from a residential source, other than construction debris or hazardous waste, with a weight or volume greater than allowed for containers.
BUNDLE
Yard and garden trimmings or newspapers or magazines securely tied together forming an easily handled package not exceeding four feet in length, one foot in diameter, or 50 pounds in weight.
CITY
The applicable municipal authority (e.g., City of Marion) empowered under state law to solicit and award contracts for the transfer of residential waste. This term shall also refer to the appropriate employee or office of the City authorized to act as its agent in handling the pertinent matter of this contract.
CONSTRUCTION DEBRIS
Waste building materials resulting from construction, remodeling, repair or demolition operations.
A. 
Receptacles provided by the contractor for use by the residents of the City for deposit of waste materials.
B. 
See definition of "bags."
CONTRACT DOCUMENTS
The contract specifications, the contract, and any addenda or changes to the foregoing documents agreed to by the City and the contractor.
CONTRACTOR
The individual, firm, partnership, joint venture, corporation, or association performing refuse transfer under contract with the City.
DISPOSAL SITE
A waste depository for the processing or final disposal of waste, including but not limited to sanitary landfills, incinerators, and waste processing separation centers, licensed, permitted or approved by all governmental bodies and agencies having jurisdiction.
GARBAGE
Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food and including food containers.
HAZARDOUS WASTE
Waste designated as hazardous by the United States Environmental Protection Agency or appropriate state agency.
NEWSPRINT
Includes newspapers and advertising circulars printed on newsprint and normally accompanying newspapers, but shall not include books, magazines or periodicals.
RECYCLABLE MATERIAL
Consumer-separated materials, such as aluminum cans, container glass, corrugated cardboard, drain oil, newsprint and plastics, capable of being readily recycled.
RECYCLING
To pass again through a series of changes, processes, or treatments to regain use in some form.
RECYCLING CENTER
A facility designed to receive and/or store materials for recycling.
REFUSE
Discarded waste materials in a solid or semiliquid state, consisting of garbage, rubbish or a combination thereof.
RESIDENCE
A group of rooms located within a building and forming a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking and eating. A residence also includes buildings containing two or fewer separate or contiguous single-family dwelling units.
RESIDENTIAL WASTE
Refuse or rubbish from a residence, not including construction debris or hazardous waste.
RUBBISH
Nonputrescible solid wastes consisting of combustible and noncombustible materials, including yard waste.
TRANSFER STATION
A facility designed to accept waste for the purpose of transferring the waste received to a disposal site.
YARD WASTE
Leaves, grass clippings, garden debris and brush.

§ 519-4 Refuse storage areas.

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 chapter or other City ordinances.

§ 519-5 Service, operations and performance.

A. 
Service contract. The City shall enter into a contract for collection and removal of residential wastes on a regular basis.
B. 
Area to be served. The area subject to this chapter shall be the incorporated boundaries of the City of Marion, Waupaca County and Shawano County, Wisconsin.
C. 
Hours of operation. Normal hours of collection are to be from 4:00 a.m. until all waste has been collected and removed on a weekday agreed upon by the City and the contractor.
D. 
Holidays. The following holidays will be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If the holiday falls on the designated pickup day, the weekday immediately preceding or the weekday immediately following shall be the pickup day, as may be determined by the City. In that event, the designation of the pickup day shall be published as a Class 1 notice under Ch. 985, Wis. Stats.
E. 
Residential service only. The City will not provide waste collection services, other than collection of brush and recyclable materials, to industrial or commercial enterprises, hereafter called "business establishments." At present, a farm where a residence is located and occupied is not considered a business establishment for the purpose of collection of residential waste. Each business establishment shall make its own separate arrangements to remove or have removed all residential, construction or demolition waste and hazardous wastes.
F. 
Roll-off receptacle. In addition to the regular weekly waste collection, the City shall also provide a roll-off receptacle each spring and fall for utilization by residents of the City for waste that is not removed in the regular weekly waste collection. The dates of provision of the roll-off receptacle shall be determined by the City, and such date shall be published as a Class 1 notice under Ch. 985, Wis. Stats.
G. 
Unlawful accumulation. A person, property owner, or business establishment in the City shall not accumulate or allow to accumulate on property controlled or owned by him or it any solid waste, garbage, refuse, bulky waste, construction or demolition materials, or hazardous wastes and shall provide for the timely removal and disposal of such wastes where not herein provided for by the City.
H. 
Waste hauling vehicles. No person shall operate a vehicle to haul any waste materials on any public highway in the City unless such vehicle is so constructed, loaded, and covered to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom.

§ 519-6 Charges for waste collection.

A. 
The cost of residential waste removal from residences and dwelling units, as determined in this chapter, is hereby characterized as a rendered service to property and authorized as a special charge against the property served, pursuant to § 66.0703(1)(b), Wis. Stats., to be placed upon the real estate tax bill and collected along with real estate taxes each year commencing with the 1990 tax year, where payments in full have not been made prior to calculation and printing of said bills. This provision shall become effective with the 1990 tax year.
B. 
The cost of pickup and removal shall be the amount charged against each property, as authorized by the Common Council. The Common Council retains the right to revise said charges and shall set the rate for year-round residences. Upon setting the rate for a given time period, the City shall publish such rate as a Class 1 notice under Ch. 985, Wis. Stats.
C. 
Billings and payments shall be twice a year, quarterly or whichever is agreed upon between the City and the contractor. Upon any changes to the billings and payments, the City shall publish such changes as a Class 1 notice under Ch. 985, Wis. Stats.

§ 519-7 Prohibited activities and noncollectable materials.

A. 
Dead animals. It shall be unlawful to place any dead animal, or parts thereof, for collection; provided, however, that this section shall not apply to animal parts from food preparation for human consumption.
B. 
Ashes. It shall be unlawful to place hot ashes for collection.
C. 
Noncollectable materials. It shall be unlawful for any person to place for collection any of the following wastes:
(1) 
Hazardous waste.
(2) 
Toxic waste.
(3) 
Chemicals.
(4) 
Explosives or ammunition.
(5) 
Drain or waste oil or flammable liquids.
(6) 
Large quantities of paint.
(7) 
Tires.
(8) 
Trees and stumps.
D. 
Animal or human wastes. It shall be unlawful for any person to place large animal wastes and/or human wastes for collection. These wastes should be disposed of in the sanitary sewer system.
E. 
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.
F. 
Building waste. All waste resulting from remodeling, construction or removal of a building, roadway or sidewalk shall be disposed of by the owner, builder or contractor. Building materials shall not be burned at the construction site.

§ 519-8 Garbage accumulation; declaration of nuisance.

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.

§ 519-9 Refuse from outside City.

It is unlawful for any person, firm or corporation to place, deposit or cause to be deposited, for collection, any waste or refuse not generated within the corporate limits of the City of Marion.

§ 519-10 Recycling program.

A. 
Recyclable items. The following articles are recyclable and may be placed for collection at the recycling center:
(1) 
Aluminum and aluminum cans (rinse and crush).
(2) 
Books.
(3) 
Car batteries (no flashlight or toy batteries).
(4) 
Cardboard (flatten; keep plastics and wax out).
(5) 
Card stock.
(6) 
Corrugated paper (cartons, empty).
(7) 
Envelopes (windowed, labeled, kraft).
(8) 
Glass (sort by color; wash and remove caps).
(9) 
Magazines (bundle with string or put into brown grocery bags).
(10) 
Newspaper (bundle with string or put into brown grocery bags).
(11) 
Paper (white, colored, ledger, shiny/coated, carbonless or NCR and onionskin).
(12) 
Plastic (rinse and remove caps).
(13) 
Tin cans (keep separate; rinse, remove labels and flatten).
(14) 
Waste oil.
B. 
Nonacceptable items. The following items may not be left at the recycling center: (Note: This is not a complete list of nonrecyclables.)
(1) 
Window glass.
(2) 
Light bulbs and tubes.
(3) 
Styrofoam and Styrofoam products.
(4) 
Wax and carbon.
(5) 
Napkins and Kleenex®.
(6) 
Television tubes.
(7) 
Egg cartons.
(8) 
China ceramics.
(9) 
Fast-food containers.
(10) 
Tires.
(11) 
Plastic cups and silverware.
(12) 
Toilet paper.
(13) 
Transparencies.
(14) 
Office supplies.
(15) 
Cellophane.
(16) 
Cloth.
(17) 
Cork.
(18) 
Foil.
(19) 
Metal and rubber.
C. 
Recycling hours. The recycling center shall be available for the public to use on days and times designated by the Common Council. Any changes to the designated days or times shall be published as a Class 1 notice under Ch. 985, Wis. Stats.