[Adopted by the City Council of the City of Lake Mills 12-15-2009 by Ord. No. 1054 as Title 4, Ch. 3, of the 2009 Code of Ordinances. Amendments noted
where applicable.]
This chapter shall be known as the "Garbage, Refuse, and Recycling
Ordinance for the City of Lake Mills, Wisconsin."
The purpose of this chapter is to provide for the pick-up and
disposal of garbage and refuse and to promote recycling, composting,
and resource recovery through the administration of an effective recycling
program, as provided in § 287.11, Wis. Stats., and Chapter
NR 544, Wis. Administrative Code.
This chapter is adopted as authorized under § 287.09(2)
and (3)(b), Wis. Stats.
It is not intended by this chapter to repeal, abrogate, annul,
impair or interfere with any existing rules, regulations, ordinances
or permits previously adopted or issued pursuant to state or federal
law. However, whenever this chapter imposes greater restrictions,
the provisions of this chapter shall apply.
In their interpretation and application, the provisions of this
chapter 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 chapter
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this chapter is
required by Wisconsin Statutes, or by a standard in Chapter NR 544,
Wis. Administrative Code, and where the chapter 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 chapter, or in effect on the date of the most recent text
amendment to this chapter.
The requirements of this chapter apply to all persons within
the City of Lake Mills, Wisconsin, to include all single-family residences,
multifamily residences, commercial/business enterprises, institutional
enterprises, industrial enterprises, agricultural enterprises, and
governmental agencies/activities/facilities within the following conditions:
A.
All single-family, duplex, three- and four-unit residential units
must be enrolled in the City-provided contract garbage, refuse, and
recycle program.
B.
Multifamily residential units with five or more separate residential
units may be enrolled in the City-provided contract garbage, refuse,
and recycle program.
C.
Commercial, business, institutional, industrial, and agricultural
enterprises may be enrolled in the City-provided contract garbage,
refuse, and recycle program.
D.
All regular City functions, facilities, and/or activities must be
enrolled in the City-provided contract garbage, refuse, and recycle
program.
E.
All enterprises identified in Subsections B and C above which are enrolled in the City program on December 31, 1993, will automatically be enrolled in the City program effective January 1, 1994. These enterprises may dis-enroll from the program, provided each enterprise notifies the City in writing at least 30 calendar days in advance of requested termination date. Enterprises not enrolled may become enrolled in the City program by notifying the City in writing at least 30 days prior to the first desired pickup.
The provisions of this chapter shall be administered by the
City Council of the City of Lake Mills, Wisconsin.
For the purpose of this chapter, the following definitions shall
apply:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Building materials include earth, sod, rocks, concrete, wood,
lumber, plaster, plasterboard, nails, tile, insulation, and any refuse
from remodeling or construction of homes, buildings, or any structure.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Residential properties of five or more units, commercial,
retail, industrial, institutional, agricultural and governmental facilities
and properties. This term does not include multiple-family dwellings
of four units or less.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
All putrescible wastes, except sewage and body wastes, including
vegetable and animal offal and carcasses of dead animals, but excluding
recognizable industrial by-products, and shall include all such substances
from all public and private establishments and from all residences.
High-density polyethylene, labeled by the SPI code #2.
Low-density polyethylene, labeled by the SPI code #4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
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.
Plastic resins labeled by the SPI code #7.
Any individual, corporation, partnership, association, local
governmental unit, as defined in § 66.0131(1)(a), Wis. Stats,
state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI code #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.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 291.05(2), Wis.
Stats., waste from construction and demolition of structures, scrap
automobiles, or high-volume industrial waste, as defined in § 289.01(17),
Wis. Stats.
Polypropylene, labeled by the SPI code #5.
Polystyrene, labeled by the SPI code #6.
Polyvinyl chloride, labeled by the SPI code #3.
Recyclable material as defined by Wisconsin DNR, the City
of Lake Mills, or its authorized agent or contractor, to include but
not be limited to:
Brown, green, clear glass.
Tin, aluminum, and bimetal cans.
Plastics (bags, jugs, jars), including those made of PETE (#1),
HDPE (#2), PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins
or multiple resins (#7).
Foam polystyrene packing materials.
Newspaper.
Magazines, phone books, paper back books, junk mail.
Chip board (cereal boxes, shoe boxes, etc.).
Office, school, computer paper, envelopes.
Corrugated cardboard.
Aseptic containers (juice boxes, waxed milk cartons).
Scrap metal (single item under 20 pounds).
Lead acid automotive batteries.
Waste oil and oil filters.
Antifreeze.
Major appliances, including Freon-based appliances.
Automobile/small truck tires.
Steel containers.
Includes, but shall not be limited to the following:
All kitchen wastes, including household food, accumulations
of animal feed and vegetable matter attendant on the preparation,
use, cooking and serving of foods.
General household trash and refuse, including ashes, wood crates,
wrapping materials, cloth materials, discarded toys, discarded clothing,
and furniture items.
As specified in § 289.01(33), Wis. Stats.
As 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 incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Yard refuse materials including grass clippings, weeds, bushes,
leaves, brush, brush clippings, branch clippings, Christmas trees
and all residue from tree removal, trimming and/or planting.
The following materials shall be separated from post-consumer
waste and shall not be disposed of in landfills:
A.
Lead-acid automotive batteries.
B.
Major appliances.
C.
Waste oil, oil filters, and antifreeze.
D.
Waste tires.
E.
Yard waste.
F.
Aseptic containers (juice boxes, milk cartons).
G.
Aluminum, bimetal, tin, and steel containers.
H.
Glass containers.
I.
Corrugated paper or other container board.
J.
Newspapers, office paper, magazines, phone books, paperback books,
and junk mail.
K.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins, which are plastic containers #1 through
#7, unless a variance is in effect from the DNR. Currently, only plastic
containers #1 and #2 are banned from landfills, and other plastic
containers may be placed in the garbage cart until and unless the
DNR rescinds the variance related to plastic containers #3 through
#7.
L.
Foam polystyrene packaging, unless a variance is in effect from the
DNR.
M.
Plastic bags unless a variance is in effect from the DNR.
The separation requirements of § 556-9 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 § 556-9 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.
[Amended 4-4-2006 by Ord.
No. 977]
To the greatest extent practicable, the recyclable materials separated in accordance with § 556-9 shall be kept free of contaminants such as food or product residue, medical waste, and agricultural chemical containers.
Persons enrolled in the City's refuse and recycling program
shall place the following items curbside no earlier than the second
Saturday of each month prior to the bulky pickup on the third Monday
of each month. Persons not enrolled in the City's program shall
make private arrangements for the lawful disposal or recycling of
items listed in Subsections A through E, and may dispose of items
listed in Subsection F in accordance with that subsection.
A.
Motor oil shall be placed in one gallon or larger containers with
secure lids and the containers shall be labeled "drain oil."
B.
Tires, not to exceed more than two tires per bulky pickup, and not
to exceed more than eight tires annually.
C.
Lead-acid batteries.
D.
Unless otherwise prohibited by law, residential furnaces, boilers,
dehumidifiers, water heaters, microwave ovens, furniture and other
large household items, computers and monitors may be placed at curbside
for bulky refuse removal, provided such items are being discarded
from residences and not commercial businesses.
E.
Household appliances, such as refrigerators, dishwashers, stoves,
and any other large container with a snap or locking lid or cover,
provided such items are being discarded from residences and not commercial
businesses, and provided the doors or lids are removed prior to placing
at curbside for pickup.
F.
Leaves, branch clippings, brush and Christmas trees shall be placed
at curbside for pickup by the Department of Public Works according
to policies as determined by resolution of the City Council from time
to time, and such items shall not be placed at the curb for pick up
as part of the City's garbage, refuse and recyclable collections.
Persons not enrolled in the City's refuse and recycling
program shall not dispose of the following items in landfills and
shall make private arrangements for the lawful recycling of the items
listed in Subsections A through G, and those persons enrolled in the
City's refuse and recycling program shall place the following
items in the recycle bin provided for the scheduled curbside pickup
that occurs every other Monday:
A.
Aluminum and bimetal and steel containers which have been rinsed
or cleaned.
B.
Corrugated paper or other container board.
C.
Newspapers and other items printed on newsprint, magazines and other
materials printed on similar paper, telephone books, paperback books,
office paper, junk mail and mixed paper.
D.
Foam polystyrene packaging, unless exempt by variance of the DNR.
At the time of passage of this chapter, foam polystyrene packaging
may be landfilled under variance by the DNR. If the variance is rescinded
by the DNR, these items must be recycled and shall be placed in the
recycle bin.
E.
Plastic bags and plastic containers #1 through #7, unless exempt
by variance of the DNR. At the time of passage of this chapter, plastic
bags and plastic containers #3 through #7 may be landfilled under
variance by the DNR. If the variance is rescinded by the DNR, plastic
containers #3 through #7 may be recycled and shall be placed in the
recycle bin. All plastic containers that are required to be placed
in a recycle bin, which at the present time are plastic containers
#1 and #2, shall be rinsed, caps removed, and the containers and their
caps shall be placed in the recycle bin.
F.
Glass containers shall be rinsed, caps removed, and both the containers
and the caps shall be placed in the recycle bin.
G.
Aseptic containers (juice boxes, milk cartons) shall be rinsed and
placed in the recycle bin.
A.
Leaves, branches, brush, and other yard waste, as well as Christmas
trees may not be disposed of in landfills and may not be placed curbside
for pickup by the City contractor. Such items may be disposed of in
the City's yard waste collection facility on Stony Road.
B.
As an alternative to transporting leaves, branches and brush to the
yard waste facility, residents of the City of Lake Mills, regardless
of enrollment in the City's contract refuse and recycling removal,
may participate in leaf removal and brush pickup by the Public Works
Department in accordance with policies established by the City Council.
C.
No concrete, stones, construction materials or dirt may be landfilled
or placed curbside for pickup, and private arrangements for the lawful
disposal of such items shall be made, whether the person disposing
of same is enrolled in the City program or not.
Owners or designated agents of enterprises not enrolled in the City contracted service shall do all of the following to recycle the materials specified in § 556-9 :
A.
Provide adequate separate containers for the recyclable materials.
B.
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
C.
Provide for the 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.
D.
Notify users, tenants, and occupants 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.
E.
The requirements specified in Subsections A through D above do not apply to the owners or designated agents of enterprises if the post-consumer waste generated within the facility is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 556-9 from solid waste in as pure a form as is technically feasible.
Owners or designated agents of multiple-family dwellings not enrolled in the City contracted service shall do all of the following to recycle the materials specified in § 556-9 :
A.
Provide adequate, separate containers for the recyclable materials.
B.
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
C.
Provide for the collection of the materials separated from the solid
waste by the tenants and the delivery of the materials to a recycling
facility.
D.
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.
E.
The requirements specified in Subsections A through D above 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 Department of Natural Resources that recovers for recycling the materials specified in § 556-9 from solid waste in as pure a form as is technically feasible.
F.
Apartment units of five or more units in which each unit independently
pays a separate charge for garbage, refuse, and recycle pickup and
disposal to the City shall be treated as single-family residences
for the purpose of this chapter.
No hazardous or toxic wastes, and no medical or biomedical wastes,
may be placed in the recycle carts or the garbage carts supplied by
the City contractor, and no disposal of these items may occur by persons
enrolled or not enrolled in the City program, except as permitted
under the laws of the State of Wisconsin.
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 § 556-9 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
[Amended 9-16-2014 by Ord. No. 1135A; 2-5-2019 by Ord. No. 1199A]
The collection of garbage, refuse, and recycle materials by
the City contractor shall be made in accordance with the following
schedules and practices:
A.
Regular weekly garbage service. The contractor shall furnish weekly
collection service of garbage that has been placed in the carts furnished
for that purpose. Such pickup shall occur on Mondays from every residential
unit or enterprise enrolled in the City contract program, unless the
pickup schedule has been modified to Tuesdays in the case of legal
holidays that have been recognized by the contractor.
B.
Recycle service. The contractor shall furnish collection of recyclable
items that have been placed in carts furnished for that purpose. Such
pickup shall occur on every other Monday from every residential unit
or enterprise enrolled in the City contract program, unless the pickup
schedule has been modified to Tuesdays in the case of legal holidays
that have been recognized by the contractor.
C.
Bulk pickup service. Items not placed in the carts furnished by the
contractor for garbage and recycle service may be picked up at curbside
by the contractor. Such bulk pickup service shall be scheduled by
the owner or occupant of a property by contacting the contractor and
verifying a date for such bulk pickup service.
D.
All carts for garbage or recycle service shall be placed curbside
for designated pickup times by no later than 6:00 a.m. on the morning
of the scheduled pickup. No carts may be placed in the tree lawn or
in the driveway apron adjacent to any property prior to 6:00 p.m.
on Sundays, and all carts so placed shall be removed from the public
right-of-way by no later than 8:00 a.m. on the Tuesday immediately
following the pickup on Monday. In the case of a holiday pickup on
Tuesdays, all carts shall be removed by no later than 8:00 a.m. on
the Wednesday immediately following the pickup on Tuesday.
F.
No carts may be stored on private property in any required front
yard or in any required side yard that fronts on a street, in the
case of a corner lot.
G.
Carts shall be placed on opposite sides of private driveway aprons,
when possible, and near the curb at single-family residences, with
the side of the cart that has the metal bar attached to it facing
the street. Carts may not be placed between parked vehicles and the
street.
H.
No items to be placed curbside for bulk pickup may be so placed more
than 48 hours preceding the bulk pickup scheduled with the City contractor.
Any items placed for bulk pickup more than 48 hours prior to the pickup
scheduled with the City contractor shall be deemed to be public nuisance
and may subject the owner or occupant or other responsible person
to a citation and forfeiture of $100, plus costs, for the first violation.
Second, and subsequent, violations may be subject to a citation and
forfeiture of $200, plus costs. In addition, or as an alternative,
if items intended for bulk pickup have been placed in the public right-of-way
more than 48 hours preceding the pickup scheduled with the City contractor,
the City may cause the public nuisance to be abated through summary
abatement procedures, and the cost of such abatement shall be charged
in accordance with the public nuisance regulations in the City Code.
I.
The collection of materials not included in the City contract may
be obtained through private contracts of the responsible persons'
choosing.
J.
It shall be unlawful for any individual or organization to remove
any recyclable items from the carts placed at curbside unless such
individual or organization is the person responsible for placing the
recycle cart curbside or unless such individual or organization is
an agent of the City.
K.
The care and cleaning of the carts shall be the responsibility of
the person to whom the carts have been issued by the City contractor.
Any theft or vandalism of such carts shall be promptly reported to
the Lake Mills Police Department and the City contractor by the person
to whom they have been issued.
L.
Unless acting as an agent of the City, it shall be unlawful for any
individual or organization to remove any recyclable items from any
trash receptacle, dumpster, or cart on public property within the
City of Lake Mills, including but not necessarily limited to public
parks, tree lawns and driveway aprons.
M.
It shall be unlawful for any individual or organization to dump the
contents of any trash receptacle, dumpster or cart onto public property
within the City of Lake Mills.
A.
Rates established. All residential units of four units or less and
all enterprise units enrolled in the City provided contract service
shall pay a monthly charge as determined by the City Council. This
charge may be adjusted from time to time as determined by the City
Council.
B.
Additional services provided by any contractor to any apartment unit
of five units or more or any enterprise shall be by private agreement
with private hauler.
A.
Complaints. The contractor shall undertake all obligations required
of him under the garbage and recycle collection contract in a neat,
orderly and efficient manner, and shall use care and diligence in
the performance of said contract, and shall provide neat, orderly
and courteous employees and personnel on its crews. All complaints
shall be given prompt and courteous attention, and in the case of
alleged missed scheduled collections, the contractor shall investigate
the complaint, and if the allegations are verified, shall arrange
for the pickup of all disposal materials not collected with 24 hours
after the complaint is received.
B.
Compliance. The contractor covenants and agrees to comply at all
times with all proper laws, ordinances and regulations of the City
of Lake Mills, County of Jefferson and State of Wisconsin, at any
time properly applicable to the contractor's operations under
said contract.
C.
Insurance. The contractor shall carry insurance in accordance with
the specifications and conditions of the current contract.
The contractor shall use enclosed, leakproof packer-type truck
bodies for all garbage collections. All trucks must be in good condition.
The City has the right to inspect this equipment any time during normal
hours. If equipment does not meet with the approval of the City, the
contractor shall have a reasonable time to repair equipment and must
then get the approval of the City. All refuse shall be collected and
transported in such a manner as to prevent any falling or spilling
of the materials. When spillage does occur, the materials shall be
picked up immediately and returned to the vehicle and the area properly
cleaned.
A.
The contractor will dispose of all garbage and/or refuse at a WDNR
approved and licensed landfill facility.
B.
The City will not maintain any landfill facility/operation.
C.
Residents and enterprises needing landfill services must establish
a private agreement with a private landfill operator for the use of
such facilities.
A.
The contractor will provide monthly reports to the City on the quantities
of recyclable materials picked up and disposed of under the terms
of the City contract.
B.
Any enterprise not enrolled in the City contract service for recyclable
material will provide to the City an annual statement on the quantities
of recycle materials picked up and disposed of through the private
recycle contractor. This statement will be in a format provided by
the City. The statement must be authenticated by the private contractor
and submitted to the City Clerk no later than March 1 of each calendar
year for the previous calendar year.
A.
For the purpose of ascertaining compliance with the provisions of
this chapter, any authorized officer, employee or representative of
the City of Lake Mills 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 enterprises (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 the City of Lake Mills who
requests access for purposes of inspection, and who presents appropriate
credentials. No person may obstruct, hamper, or interfere with such
an inspection.
B.
Any person who violates a provision of this chapter may be issued
a citation by the City of Lake Mills. 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.
