[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:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods.
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.
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.
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.
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.
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.
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.
Collection services provided by a person licensed to do the
same by the DNR.
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.).[1]
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.
All solid waste that normally originates in a residential
environment from residential dwelling units.
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.
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.
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:
A.
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.
B.
Garbage and rubbish shall be deposited only during open hours as
posted at the site.
C.
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.
D.
Large accumulations of brush or trees shall be deposited at the City
burn site.
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.
Noncollectible materials. It shall be unlawful for any person to
place for collection any of the following wastes:
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.
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:
All aluminum beverage cans and foil.
A container for carbonated or malt beverages that is primarily
made of a combination of steel and aluminum.
Only clean scrap lumber, trees, woody vegetative material
in excess of six inches in diameter, stumps, roots and shrubs with
intact root bulbs.
The City-owned property adjacent to the City sewage treatment
plant.
The decomposition or breakdown of organic materials.
Corrugated paperboard or cardboard used in the manufacture
of shipping containers and related products.
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.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
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.
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.
The old City dump located south of Glenwood City on State
Highway 128.
Low-density polyethylene, labeled by the SPI Code No. 4.
A battery, such as a car, tractor or marine battery.
Magazines and other materials printed on similar paper.
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.
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.
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.
Only concrete, stone, asphalt, shingles, ashes, sand, and
dirt.
Commercial, retail, industrial, institutional and governmental
facilities and properties.
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.
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.
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.
Any items as designated in § 360-17 of this article.
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.
Properties containing single-family and two- to four-family
residential units, including those that are occupied seasonally.
A municipality, county or solid waste management system that
is designated under § 287.09(1), Wis. Stats.[1]
Using a component of municipal solid waste again for its
original purpose.
A facility for solid waste treatment, storage or disposal
as defined in § 289.01(35), Wis. Stats.
The Society of the Plastic Industry.
A food or beverage container made from steel.
All containers such as soup cans, vegetable cans, etc., made
from tin, except aerosol cans, paint cans and oil cans.
Automotive engine oil after it has been used and removed
from the engine or crankcase of a motor vehicle.
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 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:
A.
Any solid waste hauler or recycler conducting business within Glenwood
City.
B.
Occupants of single-family residences, seasonal residences, property
containing two or more dwelling units and nonresidential facilities
and properties.
C.
Owners or agents of properties containing five or more dwelling units.
D.
Owners or agents of nonresidential facilities and properties.
E.
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:
A.
Aluminum containers.
B.
Bimetal containers.
C.
Corrugated cardboard.
D.
Glass containers.
E.
Lead acid batteries.
F.
Magazines and other material printed on similar paper.
G.
Newspapers.
H.
Office paper.
I.
PETE (No. 1) and HDPE (No. 2) plastic containers.
J.
Steel containers.
K.
Tin cans.
L.
Waste oil.
M.
Yard waste.
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:
A.
Burnable materials only may be delivered to the burn site.
B.
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.
C.
Nonburnable materials only may be delivered to the landfill.
D.
Waste oil shall be delivered to the solid waste facility.
E.
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.
F.
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:
A.
Provide adequate, separate containers for recyclable materials.
B.
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.
C.
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.
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.
A.
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.