[Adopted 12-22-1994 by Ord. No. 176]
The purpose of this article is to require people within the
City of Arcadia to separate waste into burnable, nonburnable and recyclable
materials; to provide instructions for the proper disposal of each
type of waste in order to conserve materials, energy and costs; and
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.
The provisions of this article shall be construed to be minimum
requirements and shall not be deemed a limitation or repeal of any
other power granted by the Wisconsin Statutes. In the event any term
or requirement of this article is found to be inconsistent with or
to conflict with any other term or requirement of this article, the
less restrictive term or requirement shall control. Where a provision
of this article is required by Wisconsin Statute, or by Ch. NR 544,
Wis. Adm. Code, and where the provision of this article is unclear,
the provision shall be interpreted in light of the Wisconsin Statutes
and Ch. NR 544, Wis. Adm. Code, in effect on the date of the most
recent amendment to this article.
For the purpose of this article, the following terms shall have
the meanings indicated:
The portion of the City of Arcadia's former landfill, as
that term is defined in § 289.01(20), Wis. Stats., which
has been designated by the Wisconsin Department of Natural Resources
as a wood burning facility pursuant to § NR 502.11, Wis.
Adm. Code, and which is located in the SE 1/4 of the NE 1/4 of Section
34, Township 21 North, Range 9 West, Trempealeau County, Wisconsin.
The portion of the City of Arcadia's former landfill, as
that term is defined in § 289.01(20), Wis. Stats., which
has been designated by the Wisconsin Department of Natural Resources
as a solid waste facility for composting yard waste pursuant to Ch.
NR 502, Wis. Adm. Code, and which is located in the SE 1/4 of the
NE 1/4 of Section 34, Township 21 North, Range 9 West, Trempealeau
County, Wisconsin.
A designated portion of a landfill, as that term is defined
in § 289.01(20), Wis. Stats., which is operated and maintained
pursuant to a license issued by the Wisconsin Department of Natural
Resources and which accepts such waste.
The sanitary landfill, as that term is defined in § 289.01(20),
Wis. Stats., which is operated and maintained by the City of Arcadia
pursuant to License No. 1858 issued by the Wisconsin Department of
Natural Resources and which is located in the Town of Arcadia, Trempealeau
County, Wisconsin.
The portion of the landfill designated by the City of Arcadia
for the collection of metal and major appliances.
A container for carbonated or malt beverages which is made
primarily of a combination of steel and aluminum.
The City of Arcadia, Trempealeau County, Wisconsin.
Solid waste resulting from the construction, demolition or
razing of buildings, roads and other structures, including but not
limited to concrete, bricks, bituminous concrete, wood, glass, masonry,
roofing, siding and plaster, alone or in combinations, but not including
asbestos, waste paints, solvents, sealers, adhesives or other similar
materials.
All solid waste which is generated within the City, except:
Recyclable materials.
Unpainted and untreated wood and brush.
Inert and contaminated demolition waste.
Metal and major appliances.
Waste tires.
Yard waste.
Masonry, brick, concrete, stone or other industrial or construction
waste not approved for receipt by the RDF Facility.
Any item of waste exceeding four feet in any one dimension or
exceeding 100 pounds in weight.
Any item of waste that may damage the RDF Facility, or the combustion
of which will likely pose a threat to health or safety in violation
of any judicial decision or order, or in violation of any action of
any federal, state or local government, or any agency thereof, or
in violation of any applicable law or regulation.
Hazardous waste.
The following:
Any waste defined as hazardous in 40 CFR 261.3, or in any successor
regulations, or by the United States Environmental Protection Agency,
or classified as a toxic substance or toxic waste or prohibited for
incineration by any local, state or federal agency having jurisdiction
over the RDF Facility.
Radioactive waste or material or hazardous waste regulated under
42 U.S.C. §§ 6921 to 6925 and regulations adopted thereunder,
or any other federal, state or local law.
Hazardous substances defined in 42 U.S.C. § 6901 et
seq. and any regulations promulgated thereunder.
Any type of waste which is smoldering, on fire, at its kindling
point, or in the process of initiating combustion.
Clean soil, brick, building stone, concrete, reinforced concrete,
broken pavement and unpainted or untreated wood.
A large mechanical or electrical device which uses a power
supply, including a residential or commercial air conditioner, a clothes
dryer, a clothes washer, a dishwasher, a freezer, a microwave oven,
a conventional oven, a refrigerator, a stove, a residential or commercial
furnace, a boiler, a dehumidifier, or a water heater. "Major appliance"
does not include microwave ovens from which the capacitor has been
removed.
All products made of metal, except recyclable materials as
defined in this article. "Metal" includes, but is not limited to,
refrigerators, stoves, water heaters, tire rims, springs, bicycles,
scrap metal and other similar materials.
A property containing five or more residential units, including
those units which are occupied only seasonally.
Commercial, retail, industrial, institutional and governmental
facilities and properties. "Nonresidential facilities and properties"
does not include multiple-family dwellings.
Any individual, corporation, partnership, association, local
governmental unit, as defined in § 66.0131(1)(a), Wis. Stats.,
state agency or authority or federal agency.
Solid waste, except:
The solid waste treatment facility described in § 287.07(7)(b),
Wis. Stats., which is operated and maintained by Northern States Power
Company, a Wisconsin corporation, and which is located at 200 South
Bainbridge Street in the City of La Crosse, La Crosse County, Wisconsin.
Containers constructed with aluminum, glass, or steel, and
includes bimetal containers.
A solid waste recycling facility which has filed a certification
under § NR 544.16, Wis. Adm. Code, with the Wisconsin Department
of Natural Resources.
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(34), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes, but is not limited to, incineration.
All brush, branches, small trees, bushes, furniture and other
articles made exclusively from unpainted and untreated wood, except
yard waste.
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 material no greater than six inches
in diameter. "Yard waste" 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 recyclable materials from post-consumer waste.
The separation requirements for recyclable materials in § 367-13 of this article 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 who send their
post-consumer waste to a processing facility licensed by the Wisconsin
Department of Natural Resources which recovers recyclable material
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.
Recyclable materials for which a variance has been granted by the
Wisconsin Department of Natural Resources under § 287.11(2m),
Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, recyclable materials shall
be clean and 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.
Before delivering solid waste or recyclable materials or causing
solid waste or recyclable materials to be delivered to the recycling
center, burn site, demolition waste disposal area, metal storage area,
or compost site, all persons shall prepare the solid waste or recyclable
materials in the manner approved by the City of Arcadia Street, Sidewalks
and Sanitary Landfill Committee or in the manner required by law or
regulation.
A.
Owners or designated agents of multiple-family dwellings shall do
all of the following:
(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 City's recycling program.
(3)
Provide
for the collection of recyclable materials from the tenants and for
the delivery of recyclable materials to a recycling facility.
(4)
Notify
tenants of reasons to reduce and recycle solid waste, which materials
are recyclable materials, how to prepare solid waste and recyclable
materials to comply with this article, the recycling center's location
and hours of operation, and a contact person, address and telephone
number at the recycling center.
B.
The requirements of this section 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 a processing facility licensed by
the Wisconsin Department of Natural Resources which recovers recyclable
materials 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:
(1)
Provide
adequate, separate containers for recyclable materials.
(2)
Notify
in writing, at least semiannually, all users, tenants and occupants
of the nonresidential facilities and properties about the City's recycling
program.
(3)
Provide
for the collection of recyclable materials from the users, tenants
and occupants and for the delivery of the recyclable materials to
a recycling facility.
(4)
Notify
users, tenants and occupants of reasons to reduce and recycle waste,
which materials are recyclable materials, how to prepare solid waste
and recyclable materials to comply with this article, the recycling
center's location and hours of operation, and a contact person, address
and telephone number at the recycling center.
B.
The requirements of this section do not apply to the owners or designated
agents of nonresidential facilities and properties if the post-consumer
waste generated within the facility or property is treated at a processing
facility licensed by the Wisconsin Department of Natural Resources
that recovers recyclable materials from solid waste in as pure a form
as is technically feasible.
A.
Solid waste shall be deposited at the locations described in this
section. Except as otherwise provided in this article, no person may
dispose of any materials which have been separated for recycling in
a facility used for solid waste disposal or burn materials which have
been separated for recycling in a facility used for solid waste treatment.
B.
All persons shall deliver the materials described below or cause
the materials described below to be delivered to the locations described
below:
(1)
Recyclable materials, to a recycling center.
(2)
Unpainted and untreated wood and brush, to the Arcadia burn site.
(3)
Inert demolition waste, to the Arcadia demolition waste disposal
area.
(4)
Contaminated demolition waste, to a contaminated waste disposal facility
approved by the Wisconsin Department of Natural Resources pursuant
to § NR 502.13, Wis. Adm. Code, as amended.
(5)
Metal (other than recyclable materials) and major appliances, to
the Arcadia metal storage area.
(6)
Yard waste, to the Arcadia compost site.
(7)
Waste tires, to the designated portion of the Arcadia landfill.
A.
The City shall cause disposable waste to be collected curbside as
provided herein.
B.
When placed for collection, all disposable waste shall be placed
in City-approved garbage bags which shall be securely tied shut.
C.
All bags placed for collection shall be placed on the curb no more
than 24 hours prior to the designated time for collection. If approved
in advance by the City, disposable waste may be placed at a location
other than a curb if the location is accessible to authorized officers,
employees, agents, or representatives of the City.
D.
Items defined in Subsection H of the definition of "disposable waste" in § 367-12 of this article may be brought to an area designated by the City. These items include mattresses, rugs, furniture, rubber tires, television sets and major appliances.
E.
The City may charge a fee for any item of disposable waste it or
its agent collects.
City employees, agents or representatives may refuse to collect
any disposable waste which is not separated, prepared or placed for
collection in accordance with this article.
From the time of placement of disposable waste, which has been
prepared in accordance with the terms of this article, for curbside
collection by the City or its agents or representatives, it shall
be a violation of this article for any person who is not the owner
of or the person who places such disposable waste, or an authorized
officer, employee, agent, or representative of the City, to move such
waste or cause such waste to be moved.
Except as otherwise provided in this article, no person shall
burn, bury or deposit solid waste on any property, public or private,
within the City except:
A.
The City at the burn site or the compost site;
B.
Any person, with respect to disposable waste generated on the premises
occupied by that person, in an interior, chimney-connected fireplace
on that premises designed to be operated with the fire chamber either
open or closed and installed and operated in accordance with state
law and regulation;
C.
Any person, with respect to disposable waste generated on the premises
occupied by that person, in an interior, chimney-connected room heater
on the premises designed to be operated with the fire chamber closed
and installed and operated in accordance with state law and regulation;
or
Any person may compost yard waste on land, subject to the landowner's
consent.
The provisions of this article shall be administered by the
City Clerk-Treasurer under the supervision and authority of the City
of Arcadia Street, Sidewalks and Sanitary Landfill Committee.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee, agent or representative
of the City may inspect recyclable materials separated for recycling,
post-consumer waste intended for disposal, recycling collection sites
and facilities, collection vehicles, collection areas of multiple-family
dwellings and nonresidential facilities and properties, and any records
relating to recycling activities, which shall be kept confidential
when necessary to protect proprietary information. No person may refuse
access to any authorized officer, employee, agent or representative
of the City who requests access for purposes of inspection and who
presents appropriate credentials. No person may obstruct, hamper,
or interfere with such an inspection.
B.
Authorized officers, employees, agents, and representatives of the
City may issue a citation to and collect forfeitures from any person
who violates a provision of this article. The issuance of a citation
shall not preclude the City from proceeding under any other ordinance
or law relating to the same or any other offense. Proceeding under
any other ordinance or law relating to the same or any other offense
shall not preclude the City from issuing a citation under this subsection.
C.
Any person who violates this article may be required to forfeit not
less than $10 nor more than $1,000 for each violation, and each day
of violation is a separate offense.
[Amended 8-9-2012 by Ord. No. 176A]
