[HISTORY: Adopted by the Common Council of the City of Glenwood City 12-1-2003 by Ord. No. 2003-02 as Title 8, Ch. 3, of the 2003 Code. Amendments noted where applicable.]
This article shall be known as the "Solid Waste Management Ordinance of the City of Glenwood City," hereinafter referred to as "this article."
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.
- The back edge or curb and gutter along a paved street or where one would be if the street were paved and had curb and gutter.
- DEMOLITION 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.
- The orderly process of discarding useless or unwanted material.
- The Wisconsin Department of Natural Resources.
- 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.
- 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.
- INDUSTRIAL WASTE
- Waste material, except garbage, rubbish and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
- 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 or group of buildings consisting of four or more dwelling units.
- Individuals, firms, corporations and associations, and includes the plural as well as the singular.
- PRIVATE COLLECTION SERVICES
- Collection services provided by a person licensed to do the same by the DNR.
- 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.).
- 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 units shall not include boardinghouses, motels or resorts.
- 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.
- 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.
- The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
- STORAGE AREAS
- 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 areas with continued violation resulting in the owner being prosecuted under the provisions of this article and other City ordinances.
The City has provided a compactor and two forty-cubic-yard boxes for the disposal of all garbage and trash for the residents of the City of Glenwood City and has established the following rules and regulations for the orderly and efficient collection and disposal of such garbage and trash:
No person, firm or corporation shall deposit any garbage or rubbish that did not originate from a residence or business located in the City of Glenwood City.
Garbage and rubbish shall be deposited only during open hours as posted at the site.
Any person, firm or corporation depositing any burning materials causing a fire in the compactor box shall be assessed the full cost of extinguishing the fire, plus the cost of transporting and cleaning the compactor box.
Large accumulations of brush or trees shall be deposited at the City burn site.
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.
Ashes. It shall be unlawful to place hot ashes for collection.
Noncollectible materials. It shall be unlawful for any person to place for collection any of the following wastes:
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.
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.
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.
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.
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 Glenwood City.
The title of this article shall be the "Glenwood City Recycling Ordinance."
This article is enacted pursuant to §§ 287.09(3)(b), 62.11(5) and 62.225, Wis. Stats.
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 at the time of the interpretation.
The purpose of this article is to regulate and require the separation, collection and processing of recyclable materials to the greatest extent feasible.
Owners and occupants of single-family and multifamily residences and nonresidential facilities located within Glenwood City are required to separate and recycle, from their municipal solid waste, those items identified in § 360-17 of this article.
For the purpose of this article, the following terms shall have the meanings indicated:
- ALUMINUM CONTAINER
- All aluminum beverage cans and foil.
- BIMETAL CONTAINER
- A container for carbonated or malt beverages that is primarily made of a combination of steel and aluminum.
- BURNABLE MATERIALS
- Only clean scrap lumber, trees, woody vegetative material in excess of six inches in diameter, stumps, roots and shrubs with intact root bulbs.
- BURN SITE
- The City-owned property adjacent to the City sewage treatment plant.
- The decomposition or breakdown of organic materials.
- CORRUGATED CARDBOARD
- Corrugated paperboard or cardboard used in the manufacture of shipping containers and related products.
- DROP-OFF SYSTEM
- A system for collecting recyclable materials in which the recyclable materials are deposited into designated containers from which the recyclable materials are transported for processing and marketing.
- FOAM POLYSTYRENE PACKAGING
- Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
- GLASS CONTAINER
- Bottles and jars, such as food jars, beer and pop bottles, wine and liquor bottles, etc., except window glass, mirrors and light bulbs.
- A plastic container made from high-density polyethylene resin and labeled by the SPI Code No. 2.
- HOUSEHOLD WASTE
- Any material, including garbage, trash and sanitary waste in septic tanks, derived from households, including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.
- LANDFILL AND COMPOST SITE
- The old City dump located south of Glenwood City on State Highway 128.
- Low-density polyethylene, labeled by the SPI Code No. 4.
- LEAD ACID BATTERY
- A battery, such as a car, tractor or marine battery.
- Magazines and other materials printed on similar paper.
- MAJOR APPLIANCE
- A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven (except those from which the capacitor has been removed), oven, refrigerator, stove, residential or commercial furnaces, boilers, dehumidifiers, and water heaters.
- MULTIFAMILY DWELLING
- A property containing five or more residential units, including those which are occupied seasonally.
- Any in-state or out-of-state city, village, town, or county.
- MUNICIPAL SOLID WASTE (MSW)
- Household waste or solid waste from commercial or industrial sources that does not contain hazardous waste and does not contain any process waste which is the direct or indirect result of the manufacturing of a product or the performance of a service, such as dry cleaners or paint shops.
- A newspaper and other materials printed on newsprint.
- NONBURNABLE MATERIAL AND RUBBLE
- Only concrete, stone, asphalt, shingles, ashes, sand, and dirt.
- NONRESIDENTIAL FACILITIES AND PROPERTIES
- Commercial, retail, industrial, institutional and governmental facilities and properties.
- 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.
- OUT-OF-STATE UNIT
- A general purpose local governmental unit located in a state other than Wisconsin.
- Any individual, corporation, partnership, association, or local government unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
- Has the same meaning as the definition of "owner" above.
- A plastic container made from polyethylene resin and 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.
- The collection, transfer, transporting, processing, marketing and conversion of solid wastes into usable materials or products.
- Decreasing the quantity of materials or products or both that are generated as waste or disposed of.
- RESIDENTIAL PROPERTIES
- Properties containing single-family and two- to four-family residential units, including those that are occupied seasonally.
- RESPONSIBLE UNIT
- A municipality, county or solid waste management system that is designated under § 287.09(1), Wis. Stats.
- Using a component of municipal solid waste again for its original purpose.
- SOLID WASTE FACILITY
- A facility for solid waste treatment, storage or disposal as defined in § 289.01(35), Wis. Stats.
- The Society of the Plastic Industry.
- STEEL CONTAINER
- A food or beverage container made from steel.
- TIN CANS
- All containers such as soup cans, vegetable cans, etc., made from tin, except aerosol cans, paint cans and oil cans.
- WASTE OIL
- Automotive engine oil after it has been used and removed from the engine or crankcase of a motor vehicle.
- 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 woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots, or shrubs with intact root bulbs.
This article shall apply to all persons within the responsible unit of Glenwood City and, in addition, includes all other persons or municipalities which have obtained or do obtain authorization from Glenwood City to dispose of solid waste at the solid waste facility, including the following:
Any solid waste hauler or recycler conducting business within Glenwood City.
Occupants of single-family residences, seasonal residences, property containing two or more dwelling units and nonresidential facilities and properties.
Owners or agents of properties containing five or more dwelling units.
Owners or agents of nonresidential facilities and properties.
Any in-state or out-of-state municipality.
The following materials shall be separated from solid waste for recycling and are prohibited from land disposal and incineration:
Lead acid batteries.
Magazines and other material printed on similar paper.
PETE (No. 1) and HDPE (No. 2) plastic containers.
To the greatest extent practicable, the recyclable materials separated in accordance with § 360-17 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials.
Except as provided by § 287.07(7), Wis. Stats., it is illegal to dispose of in the solid waste facility any of the materials listed in § 360-17 that have been separated for recycling. It is also illegal to dispose of in the solid waste facility any lead acid battery, major appliance, waste oil, waste tires or yard waste.
Occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall separate lead acid batteries, waste oil, yard waste and waste tires from solid waste and manage them in the following manner:
Burnable materials only may be delivered to the burn site.
Lead acid batteries shall be delivered to an approved material(s) recovery facility which accepts lead acid batteries or to a lead acid battery retailer.
Nonburnable materials only may be delivered to the landfill.
Waste oil shall be delivered to the solid waste facility.
Waste tires shall be delivered to a municipal collection point that accepts waste tires or to a private business that accepts tires for recycling or proper disposal.
Yard waste shall be composted at the compost site.
Owners and/or agents of residential properties containing five or more dwelling units and/or nonresidential properties and facilities are required to separate from solid waste and recycle those items identified in § 360-17. Recyclables collected from these facilities shall remain the property of these facilities. In addition, owners and/or agents under this section must:
Provide adequate, separate containers for recyclable materials.
Notify tenants, users and occupants, including seasonal tenants, in writing, at the time of renting or leasing the dwelling and at least semiannually thereafter, of the recycling program.
Provide for the distribution of recyclable materials separated from the solid waste by the tenants and the delivery of the recyclable material to a recycling facility.
Notify tenants, users and occupants of the reasons to reduce, reuse and recycle, which materials are recycled, how to prepare recyclable materials in order to meet processing requirements, and location and hours of operation of collection sites.
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of Glenwood City may inspect recyclable materials separated for recycling, 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 or authorized representative of Glenwood City who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
Any person who violates a provision of this article may be issued a citation by the City Police Department 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 section.
The Council shall, by regulation, designate the days and hours during which permitted material may be delivered to or placed in or at the dump site, the burn site, landfill site and the recycling center.