[HISTORY: Adopted by the Town Board of the Town of Algoma
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-18-1984 by Ord. No. 35]
The purpose of this article is to regulate the dumping or disposal
of waste, garbage, refuse and sludge by individuals, corporations,
and municipalities, or a county within the Town of Algoma. Because
of the possible danger to the health, safety and welfare of the public,
such dumping or disposal within the Town of Algoma shall only be permitted
under the terms and conditions set forth below.
As used in this article, the following terms shall have the
meanings indicated:
Includes but is not limited to unloading, throwing away,
discarding, emptying, abandoning, discharging, burning, or burying
waste, garbage, refuse or sludge on, into or under any property or
lands, whether publicly or privately owned, within the Town of Algoma.
"Dumping" and "disposal" are not intended to include the filling of
land areas with natural soil, sand, gravel, or other clean dirt material.
Discarded material resulting from the handling, processing,
storage, preparation, serving and consumption of food.
Any city, village, town or county.
Combustible and noncombustible discarded material, including
but not limited to trash, rubbish, paper, wood, metal, glass, plastic,
rubber, cloth, ashes, litter and street rubbish, industrial waste,
dead animals, mine trailings, gravel pit and quarry spoils, toxic
and hazardous wastes, and material and debris resulting from construction
or demolition.
Sewage treatment residue in any form whatsoever, whether
solid, semisolid or liquid, which has been processed or treated in
any way, form or manner.
Garbage, refuse and all other discharged or salvageable material,
including waste materials resulting from industrial, commercial and
agricultural operations and from domestic use and public service activities.
Except as expressly permitted in § 328-4 below, no person, partnership, individual, corporation, municipality, or county shall dump or dispose of waste, garbage, refuse or sludge within the Town of Algoma unless a permit to engage in such dumping or disposal is first obtained from the Town of Algoma under the conditions prescribed herein.
The following shall not be deemed to come within the scope or
meaning of this article:
A.
Sites used for the dumping or disposal of waste, garbage or refuse
from a single family or household, a member of which is the owner,
occupant or lessee of the property; provided, however, that such waste,
garbage or refuse is placed in suitable containers or stored in such
other way as to not cause a public or private nuisance.
B.
The use of sanitary privies and what are commonly known as seepage
beds or septic tanks, which conform to applicable ordinances of the
Town of Algoma and Winnebago County, or the discharge of human waste
products into the public sewage system located within the Town of
Algoma.
C.
Farm or farms on which only animal waste resulting from the operation
of the farm or farms is disposed of.
D.
Any dumping operation under the direction and control of the Town
of Algoma.
Persons, municipalities, or counties which are permitted to
engage in dumping or disposal operations shall be subject to the following
regulations:
A.
The dumping or disposal operations must be conducted in such a way
as to not constitute a public or private nuisance.
C.
Persons, municipalities, or counties engaged in dumping or disposal
operations must conduct the operations in such a way that dust, dirt,
debris or other materials or substances will not be carried by wind
across the boundary of the parcel of land being used for dumping or
disposal operations.
D.
A suitable covering of gravel or dirt shall be placed over all of
the area used for dumping or disposal operation within a reasonable
time after the dumping or disposal occurs, not to exceed 10 days;
such covering must be done in such a way as to give the area so covered
a grading compatible with the surrounding and adjacent property in
such a way as to not substantially depreciate property values within
the immediate area.
E.
The dumping or disposal operations shall be conducted within the
hours as established and authorized by the Town Board.
G.
The Town Board shall have the authority to impose any other conditions
as a requirement of this permit which are consistent with and at least
as restrictive as Department of Natural Resources (NR) regulations
of the Wisconsin Administrative Code.[3]
H.
The applicant shall be required to use only the routes of travel
as authorized by the Town Board.
There shall be a public hearing on any application for a permit
to engage in dumping or disposal operations. The application shall
be on file with the Town Clerk at least 30 days before the public
hearing. The application shall contain the name and address of the
applicant, an explanation of the nature and purpose of the dumping
or disposal and a detailed description of the dumping or disposal
plan.
A public hearing will be required under the following terms:
A.
Notice shall be given as a Class 3 notice as described in § 985.07,
Wis. Stats.
B.
The cost of publication of such notices shall be deposited by the
applicant in advance.
C.
A public hearing shall be held on the date specified in the notices
or any adjourned date; however, such public hearing shall be merely
advisory in regard to affecting any action which may be taken by Town
Board upon such application.
A.
The Town Board reserves the right to require the applicant to post
a bond, the condition of which will be that this article shall be
observed and that the dumping or disposal plan and plan for long-term
care after closure will be carried out and any penalties imposed shall
be paid; if there is a violation of this article or if the dumping
or disposal plan is not carried out, the Town Board shall have the
right to revoke the dumping or disposal permit and if necessary obtain
a court order terminating such dumping or disposal operation; if after
a reasonable demand the owner of the land does not cover the dumping
or disposal area in accordance with the dumping or disposal plan,
the Town Board shall have the right to correct the violation and to
charge the expense against the bond.
B.
The applicant for a dumping or disposal permit in making the application
grants to the Town of Algoma the right to go on the land and carry
out the dumping or disposal plan if the owner or occupant of the land
fails to do so after reasonable notice is given.
C.
The Town Board reserves the right to require the applicant to establish
an escrow fund or take other action as it deems appropriate to pay
for long-term liability insurance for the Town and another affected
municipality in the event the site creates environmental, safety or
health hazards.
The application for a permit shall be processed within 90 days
of the receipt thereof, and a permit shall be issued if the Town Board
is satisfied that there has been and will be reasonable compliance
with the conditions enumerated herein. If approved by the Town Board,
the permit shall be issued by the Town Clerk upon payment of an annual
fee as set by the Town Board. This fee shall be due annually January
1 of each year.
The permit once issued may be revoked after public hearing upon
a published Class 1 notice by the Town of Algoma at any time if any
of the conditions necessary for the issuance thereof and any terms
of this article are violated.
Nothing contained herein shall be deemed to limit or restrict
the application of any state law or administrative regulation of any
state agency regulating the subject of this article.
References to the term "person" or "anyone" or like references
shall be deemed to refer to a person, a sole proprietorship, a partnership,
a corporation, a municipality or county, and also a responsible member
or a responsible officer or a responsible managing agent of any single
proprietorship, partnership or corporation unless the context clearly
indicates otherwise.
Any person violating this article shall be fined not less than
$10 nor more than $200 for each offense. Each day is a separate offense.
Imprisonment in the county jail can be ordered only for failure to
pay the fine that may be imposed. If imprisonment is ordered for failure
to pay the fine, it shall be limited to one day of confinement for
each $5 of fine or fraction thereof.
[Adopted 5-18-1994 by Ord. No. 77]
This article shall be titled "Solid Waste Disposal and Recycling."
To the extent permitted by law, this article is intended to
serve as a municipal waste flow control ordinance in conjunction with
program activities of Winnebago County and its Solid Waste Management
Board. It is intended by this article to establish regulations that
reduce the amount of solid waste and other disposables in landfills
and thus protect the public health, public welfare, and the environment.
In so doing, this article is to promote recycling, composting, and
resource recovery through the administration of an effective recycling
program in the Town and to allow the Town to comply with Chapter 287
of the Wisconsin Statutes and Chapter NR 544 of the Wisconsin Administrative
Code or their successor provisions.
It is not intended by this article to repeal, abrogate, annul,
impair or interfere with any existing rules, regulations, ordinances
or permits previously adopted or issued pursuant to law. However,
whenever this article imposes greater restrictions, the provisions
of this article shall apply.
In their interpretation and application, the provisions of this
article shall be held to be the minimum requirements and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes. Where any terms or requirements of this article
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this article is
required by Wisconsin Statutes, or by a standard in Chapter NR 544,
Wisconsin Administrative Code, and where the article provision is
unclear, the provision shall be interpreted in light of the Wisconsin
Statutes and the Chapter NR 544 standards in effect on the date of
the adoption of this article, or in effect on the date of the most
recent text amendment to this article.
The requirements of this article apply to all persons within
the Town of Algoma, Winnebago County, Wisconsin.
The provisions of this article shall be administered by the
Algoma Town Board or its designee.
The provisions of this article shall take effect on January
1, 1995.
As used in this article, the following terms shall have the
meanings indicated:[1]
A receptacle designed for the purpose of collection of recyclable
materials. Required containers for other portions of the solid waste
stream shall be as specifically designated in other portions of this
article.[2]
The person, corporation or partnership performing recyclable
materials collection and processing under this article as well as
solid waste collection and disposal.
Discarded materials resulting from the handling, processing,
preparation, storage, cooking and consumption of food, and discarded
animal feces.
Any substance or combination of substances which may cause
or significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or which
may pose a substantial present or potential hazard to human health
or the environment. This term includes, but is not limited to, pesticides
and substances which are toxic, corrosive, flammable, irritants, strong
sensitizers or explosives, as determined by the Department of Natural
Resources.[3]
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, furnace, boiler, dehumidifier or water heater.
[Amended 7-20-1994 by Ord. No. 80]
Infectious waste and those containers, packages and materials
that contain infectious waste or that are from a treatment area and
are mixed with infectious waste.[4]
A property containing five or more residential units, including
those which are occupied seasonally.
Newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printouts
are examples of office paper generally accepted as high grade. This
term does not include industrial process waste.
Includes any individual, corporation, partnership, association,
local government unit as defined in § 66.0131(1)(a), Wis.
Stats., state agency or authority or federal agency.[5]
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.[6]
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 mixed or other resins or multiple resins;
steel containers; waste tires; and bimetal containers.
All matters produced from industrial or community life, subject
to decomposition, not defined as sewage or wastewater. This term does
not include appliances, stones, concrete, dirt, plaster, tires, batteries,
antifreeze, automotive engine waste oil, yard waste and building and
demolition materials.
A space within the limits of the Town which constitutes a
separate household occupied by a person or group of persons. Each
residential space on a farm or other property containing more than
one such space shall be considered a residential unit. Residential
spaces in properties containing more than four residential units are
not included. A residential unit shall be considered occupied when
domestic light and power services are supplied thereto. In the case
of new construction, a residential unit must have been issued a certificate
of occupancy.
Has the meaning specified in § 289.01(33), 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.[7]
A.
Residential areas.
B.
Multiple-family dwellings and industrial areas. Solid waste shall
be collected only from residential units and churches. No collection
is provided by the Town from commercial and industrial establishments
or multiple-family dwellings. These establishments must arrange for
collection and disposal of all of their solid waste and recyclables
in a manner required by this article.
[Amended 6-15-2016]
A.
Storage. Solid waste shall be stored to the rear of a residential
unit or otherwise in such location that it is not visible from the
street.
B.
Placement for pickup.
(1)
Solid waste must be stored in approved containers purchased from
the Town of Algoma. One solid waste container may be placed at roadside
for collection no earlier than 4:00 p.m. of the day preceding a regularly
scheduled pickup or a previously announced pickup date.
[Amended 6-15-2016]
(2)
Only solid waste in the appropriate container will be collected.
[Amended 6-15-2016]
(3)
Containers must be set out by 6:00 a.m. on the collection date. A
charge and administrative fee set by the Town Board will be assessed
when the Town or its contractor must return to pick up a container
set out after the regularly scheduled pickup has occurred.
[Amended 6-15-2016]
(4)
Containers must be returned to their storage area within 12 hours
of pickup.
(5)
"Roadside" refers to that portion of the right-of-way adjacent to
paved or traveled public roadways. Containers shall be placed as close
to the roadway as practicable without interfering with or endangering
the movement of vehicles or pedestrians. When construction work is
being performed in the right-of-way, containers shall be placed as
close as practicable to an access point for the collection vehicle.
(6)
Private roads that are capable of handling the vehicle the Town's
contractor uses for collection shall be included in the collection
route, provided that the contractor or the Town can obtain permission
from the owners and parties having maintenance responsibility for
these roads which includes a release of liability from the owners
of the private roads. In the event permission cannot be obtained,
only those materials that are left adjacent to the right-of-way of
the intersecting public roadway near the point of its intersection
with the private roadway will be picked up.
[Amended 1-18-2017 by Ord. No.
2017-01]
[Amended 6-15-2016]
A.
Storage. Recyclable materials shall be stored to the rear of a residential
unit or otherwise in such location that it is not visible from the
street.
B.
Recyclable items.
(1)
Plastic.
All food, beverage and household bottles, jars, jugs, dairy containers
and lids and deli, bakery and produce containers and lids.
(2)
Metal.
Aluminum bottles and cans, steel, tin and bimetal cans and empty aerosol
cans.
(3)
Paper.
Newspapers, inserts, cardboard, paperboard, junk mail, catalogs, office
paper, milk, juice and soup cartons, phone books, books and magazines.
(4)
Glass.
Food and beverage bottles and jars.
C.
Placement
for pickup.
(1)
Recyclable materials must be stored in approved containers purchased
from the Town of Algoma. One recyclable-materials container may be
placed at roadside for collection no earlier than 4:00 p.m. of the
day preceding a regularly scheduled pickup or a previously announced
pickup date.
(2)
Only recyclable materials in the appropriate container will be collected.
(3)
Containers must be set out by 6:00 a.m. on the collection date. A
charge and administrative fee set by the Town Board will be assessed
when the Town or its contractor must return to pick up a container
set out after the regularly scheduled pickup has occurred.
(4)
Containers must be returned to their storage area within 12 hours
of pickup.
(5)
"Roadside" refers to that portion of the right-of-way adjacent to
paved or traveled public roadways. Containers shall be placed as close
to the roadway as practicable without interfering with or endangering
the movement of vehicles or pedestrians. When construction work is
being performed in the right-of-way, containers shall be placed as
close as practicable to an access point for the collection vehicle.
(6)
Private roads that are capable of handling the vehicle the Town's
contractor uses for collection shall be included in the collection
route, provided that the contractor or the Town can obtain permission
from the owners and parties having maintenance responsibility for
these roads which includes a release of liability from the owners
of private roads. In the event permission cannot be obtained, only
those materials that are left adjacent to the right-of-way of the
intersecting public roadway near the point of its intersection with
the private roadway will be picked up.
[Amended 1-18-2017 by Ord. No.
2017-01]
D.
The Town
Board has entered into the 1993 County/Municipal Recycling Agreement
as a signing municipality to the Winnebago County Solid Waste Management
Board. All solid waste and recyclable items are directed to the Winnebago
County Solid Waste Facility. The Winnebago County Solid Waste Management
Board designates solid waste and recyclable items. Recyclable items
not able to be picked up curbside may be taken to the Winnebago County
Solid Waste Facility.[1]
[1]
Editor's Note: Original Sections (of Ord. No. 77) 1.14, Separation
requirements exempted; 1.15, Care of separated recyclable materials;
1.16, Management of lead acid batteries, major appliances, waste oil
and yard waste; and 1.17, Preparation and collection of solid waste,
which immediately and respectively followed this subsection, were
repealed 6-15-2016.
[Amended 6-15-2016]
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 328-25B:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(3)
Provide for the recyclable material collection of the materials separated
from the solid waste by the tenants and the delivery of the materials
to a recycling facility.
(4)
Notify tenants of reasons to reduce and recycle solid waste, which
materials are collected, how to prepare the 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.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 328-25B from solid waste in as pure a form as is technically feasible.
[Amended 6-15-2016]
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 328-25B:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(3)
Provide for the recyclable material 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.
(4)
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.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 328-25B from solid waste in as pure a from as is technically feasible.
[Amended 6-15-2016]
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the recyclable materials specified in § 328-25B which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
No person or corporation shall engage in the business of collecting
solid waste or recyclables within the Town for storage, treatment,
processing, marketing or disposal without first being licensed by
Department of Natural Resources under § NR 502.06, Wis.
Adm. Code, and by the Town.
[Amended 6-15-2016]
Haulers may not dispose in a landfill or dispose in a solid
waste facility any recyclable materials generated in the Town that
have been separated for recycling.
Any contractor operating in the Town of Algoma shall not transport
for processing any recyclables to a processing facility unless that
facility has been by January 1, 1995, self-certified with Wisconsin
Department of Natural Resources under § NR 544.16, Wis.
Adm. Code.
It shall be unlawful for any person, unless under contract with
or licensed by the Town, to collect or remove any 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
disposal or recycling.
It shall be unlawful for any person to dispose of or dump solid
waste in any street, alley, or public place within the Town of Algoma
or in any receptacles on private property without the owner's consent.
No person shall place for collection any solid waste at the road right-of-way
adjoining land not owned or occupied by such person.
It shall be unlawful to burn or bury solid waste or recyclables
in residential and nonresidential sectors and at construction sites.
It shall be unlawful for any person to place for disposal any
of the following wastes: hazardous and toxic waste, chemicals, explosives,
flammable liquids, liquid paint, trees and stumps, construction debris,
carcasses, and medical wastes.
It shall be unlawful to bring solid waste for disposal and recycling
from outside the Town boundaries into the Town of Algoma unless authorized
by agreement with the Town.
The municipality shall determine the cost for regular and special
solid waste and recycling collection and user fees to cover those
costs. Fees shall be assessed as a special assessment on the real
estate tax billing.
Title to all materials shall pass to the Town's contracted hauler
when placed in the contractor's collection vehicle, removed by the
contractor from a container, or removed by the contractor from a residential
unit, whichever occurs last. Title to recyclables shall pass to Winnebago
County when placed in the Town's contractor's collection vehicle,
removed by the contractor from the container, or removed by the contractor
from the residential unit, whichever occurs last.
The hauler has the right to reject or leave at the roadside
any recyclable material that is not prepared according to the specifications
in this article or in educational material provided by the contractor
or Town to the producers. 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 shall notify the producer
of the materials as to the reasons for rejecting the items either
verbally or in writing. The hauler shall also keep a list of such
occurrences and provide it to the Town Clerk for a designated time
period as determined by the Town Board.
A.
The recycling haulers and processors operating in or for the Town
are required to maintain records and report in writing to the Town
Clerk at least twice each year. Reports shall include:
B.
Failure to report shall be cause for the Town to revoke any license
or permit or to sever any contract with the hauler or processor.
A.
Inspection. For the purpose of ascertaining compliance with the provisions
of Ch. NR 544, Wis. Adm. Code, or its successor chapter, and compliance
with this article, any authorized officer, employee or representative
of the Town may, pursuant to § 66.0119, Wis. Stats., or
its successor chapters, and pursuant to Ch. NR 544, Wis. Adm. Code,
or its successor provisions, inspect recyclable materials in the Town
separated for recycling, inspect postconsumer waste in the Town intended
for disposal, inspect any recyclable material collection locations
and any other collection facilities and collection vehicles in the
Town, including any collection areas for single-family and two-unit
to four-unit residential dwelling units, multiple-family dwelling
units and nonresidential facilities and properties that are controlled
by any occupants, any contractor of the Town, any permittee collector,
or any other person participating in any recycling activity in the
Town, any solid waste disposal facilities and solid waste treatment
facilities and, in addition, inspect any records relating to recyclable
material activities of any occupants, any contractor for the Town,
any permitted collectors or other persons in the Town. These records
shall be kept confidential by the Town Board when necessary to protect
proprietary information.
B.
Penalties.
(1)
Any person who violates a provision of this article may be issued
a citation by the Town pursuant to this article to collect forfeitures.
The issuance of a citation shall not preclude proceeding under any
other ordinance or law relating to the same or any other matter. Proceeding
under any other ordinance or law relating to the same or any other
matter shall not preclude the issuance of a citation under this subsection.
(2)
(3)
Citations for violators. The Town, by adoption of this article and
pursuant to § 66.0113, Wis. Stats., or its successor provision,
hereby elects to use the citation method for enforcement of this article.
