[Adopted as Title 8, Chs. 3 and 4, of the 1997 Code]
The following definitions shall be applicable in this article:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
CONTAINER BOARD
A 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 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, microwave oven, oven, refrigerator
or stove.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including
those which are occupied seasonally.
NEWSPAPER
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, labeled 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.
POST-CONSUMER 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 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; and bimetal containers.
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.
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 post-consumer waste:
G. Corrugated paper or other container board.
H. Foam polystyrene packaging.
M. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
The separation requirements of §
386-2 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 post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in §
386-2 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 §
386-2E through
O 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 §
386-2 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 and
yard waste as follows:
A. Lead acid batteries with intact cases shall be placed alongside the
recycling bin.
B. Major appliances shall be placed at curbside, provided prior arrangement
has been made between the occupant and the licensed recyclable hauler.
C. Waste oil shall be placed in a clean covered receptacle and placed
alongside the recycling bin.
D. Yard waste shall not be collected at curbside in the City of Brodhead.
Residents of the City may enter into the City designated and maintained
compost site during the time the compost site is open to deposit yard
waste in the area designated for the receipt of same. Nonresidents
are prohibited from entry into the compost area or from depositing
yard waste therein. Leaves and brush shall be collected at curbside
by the City at certain infrequent times as are established by the
Director of Public Works and advertised in the official newspaper.
Leaves and brush shall not be placed at curbside for collection unless
tied in bundles or placed in biodegradable containers such as paper
bags or biodegradable plastic trash bags. Grass clippings and other
leafy yard and garden debris will not be collected at curbside by
the City at any time.
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 §
386-2E through
O:
A. Aluminum containers shall be placed in the recycling bin.
B. Bimetal containers shall be placed in the recycling bin.
C. Corrugated paper or other container board shall be placed alongside
or under the recycling bin.
D. Foam polystyrene packaging shall be placed in the recycling bin.
E. Glass containers shall be placed in the recycling bin.
F. Magazines shall be separated from newspaper and placed in the recycling
bin.
G. Newspaper shall be placed in the recycling bin.
H. Office paper shall be placed in the recycling bin.
I. Rigid plastic containers shall be prepared and collected as follows:
(1) Plastic containers made of PETE shall be placed in the recycling
bin.
(2) Plastic containers made of HDPE shall be placed in the recycling
bin.
(3) Plastic containers made of PVC shall be, beginning January 1, 1995,
placed in the recycling bin.
(4) Plastic containers made of LDPE shall be, beginning January 1, 1995,
placed in the recycling bin.
(5) Plastic containers made of PP shall be, beginning January 1, 1995,
place in the recycling bin.
(6) Plastic containers made of PS shall be, beginning January 1, 1995,
placed in the recycling bin.
(7) Plastic containers made of other resins or multiple resins shall
be, beginning January 1, 1995, placed in the recycling bin.
J. Steel containers shall be placed in the recycling bin.
K. Waste tires shall be placed at curbside, provided prior arrangement
has been made between the occupants and the licensed recyclable hauler.
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 §
386-2E through
O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
It shall be unlawful for any person, unless under contract with
or licensed by the City of Brodhead, to collect or remove any recyclable
material that has been deposited or placed at the curb or in a container
adjacent to a home or nonresidential building for the purposes of
collection for recycling.
It shall be unlawful for any person to place for disposal any
of the following wastes: hazardous and toxic wastes, chemicals, explosives,
flammable liquids, paint, trees and stumps, construction debris, carcasses,
medical wastes.
It shall be unlawful to bring refuse for disposal (and recyclables)
from outside the corporate limits into the City of Brodhead unless
authorized by agreement with the City of Brodhead.
The hauler has the right to reject or leave at the curb any
recyclable material that is not prepared according to the specifications
in this article or in education material provided by the contractor
to the service recipients. Materials may also be left if not separated
from solid waste, placed in the proper container, or are not designated
recyclable materials for collection. The hauler 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 either
in writing or verbally. The hauler shall also keep a list of such
occurrences and provide it to the City of Brodhead on a monthly basis.
Haulers who collect solid waste or recyclables in the City of
Brodhead for storage, treatment, processing, marketing or disposal
shall obtain and maintain all necessary municipal and state permits,
licenses and approvals prior to collecting any materials in the City
of Brodhead.
The recycling haulers and processors operating in the City of
Brodhead are required to maintain records and report in writing to
the City Clerk at least twice each year. Reports shall include the
amount of solid waste and recyclables collected and transported from
the City of Brodhead, the amount of solid waste and recyclables processed
and/or marketed by item type from the City of Brodhead, and the final
disposal location of solid waste and recyclable material. Failure
to report shall be cause for the municipality to revoke any license
or sever any contract with the hauler/processor.
Recyclable materials and refuse, upon placement at the curb,
shall become the property of the collector. Recyclable materials,
upon collection by any permitted collector, shall become the property
of the contractor.
The City of Brodhead reserves the right to designate additional
post-consumer waste as recyclable or currently collected materials
as no longer recyclable in accordance with state law and to either
add or delete them from any collection services provided by the municipality
or its contractors. The municipality shall provide written notice
to its service recipients of this declaration.
The City of Brodhead shall establish the time of collection
of solid waste and recyclables, and the City Clerk shall publish and
provide written notice of the collection schedule at least once at
the beginning of each year and at any time when the collection schedule
is changed.
Except as otherwise specifically directed or authorized by the
City of Brodhead, solid waste and recycling containers shall be placed
at the curbline or mailbox, adjacent to the premises owned or occupied
by the person, of the street designated in the published collection
schedule for collection. Materials shall be placed out for collection
according to the scheduled days established and published by the City
of Brodhead.
Residents shall contact the collection contractor when they
have couches, bulky items, and construction material from household
remodeling or repair, and arrangements for collection will be made.
[Amended 11-17-2014]
The City shall determine costs for regular and special solid
waste collection and user fees to cover those costs. For refuse disposal
containers larger than 65 gallons for the automated refuse disposal
system, there shall be an annual fee as established by resolution
of the Common Council; however, the City may waive the fee in multifamily
homes in which a refuse disposal container larger than 65 gallons
is used. The annual fee must be paid to the City no later than November
17 of the year of use of such larger container. If such fee is not
paid by November 17, the City Clerk-Treasurer shall impose such annual
fee as a special charge upon the property per § 66.0627,
Wis. Stats., which will be incorporated into the tax roll for the
next tax year.