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City of Reedsburg, WI
Sauk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Common Council of the City of Reedsburg 3-25-2002 (Sec. 11.09 of the former Municipal Codebook). Amendments noted where applicable.]
The purpose of this chapter is to promote recycling, composting and resource recovery through the administration of an effective recycling program, as provided in Ch. 287, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
This chapter is adopted pursuant to § 287.09, Wis. Stats.
The provisions of this chapter shall be administered by the Public Works Director.
As used in this chapter, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
COMMERCIAL WASTE
Any refuse that is accumulated in or upon property used for wholesale or retail commercial purposes.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from form polystyrene that satisfies one of the following criteria:
A. 
Is designed for serving food or beverages.
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
GARBAGE
All kinds of organic kitchen waste resulting from the preparation of food, and all decayed food products from any source whatsoever.
HDPE
High-density polyethylene, labeled by the SPI code No. 2.
INDUSTRIAL WASTE
Any refuse that is accumulated in or upon property used for manufacturing or industrial purposes.
LDPE
Low-density polyethylene, labeled by the SPI code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, furnaces, boilers, heat exchanger, dishwashers and water heaters.
MULTIPLE-FAMILY DWELLING
A property having three or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
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.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI code No. 7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131, Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate, 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.
POST-CONSUMER WASTE
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(35), Wis. Stats.
PP
Polypropylene, labeled by the SPI code No. 5.
PS
Polystyrene, labeled by the SPI code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil; hard 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 other resins or multiple resins; steel containers; waste tires; and bimetal containers.
REFUSE
All waste matter such as ashes, tin cans, glass, paper, rags, garden refuse, and other items of a similar nature, but shall not include leaves, trees, tree limbs, earth, stone, sewage, demolition material or manure.
RESIDENTIAL DWELLING UNIT
A property having a single-family dwelling or a duplex.
RESIDENTIAL WASTE COLLECTOR
The exclusive provider of residential solid waste services selected by the City to provide such services.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste.
TREATMENT
Includes incineration.
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 clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
A. 
Nonresidential waste collector. Collector of nonresidential waste may not operate in the City of Reedsburg without a nonexclusive nonresidential waste collector license issued by the City Clerk-Treasurer.
B. 
Residential waste collector. Residential waste in the City shall be collected only by the exclusive residential waste collector selected and licensed by the City.
A. 
On or before May 1, 2002, the City shall solicit bids for the exclusive residential solid waste collection license. Applications shall be submitted not later than June 1, 2002, on forms to be prepared by the City Administrator.
B. 
The applications shall be forwarded to the Public Works Committee, which shall make a recommendation to the Common Council.
C. 
The Common Council shall select a licensee for a three-year period commencing September 1, 2002.
D. 
The Mayor and City Clerk-Treasurer are authorized to enter into a three-year contract with the licensee.
E. 
The license application and issuance process shall be repeated every three years.
A. 
The residents of residential dwelling units shall have their solid waste and recycling collected by the Residential Waste Collector contracted by the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
The residential waste collector shall provide its residential customers a container for solid waste and a container for recyclables.
A. 
The fees to be paid for the residential waste collection service shall be established from time to time by the Common Council by resolution.
B. 
Fees shall be billed by the City on an annual basis as a special charge on the tax roll.
C. 
Unpaid fees may be collected as a special charge against real property pursuant to § 66.0627, Wis. Stats.
D. 
Fees collected for residential waste collection services shall be to a separate, segregated Solid Waste Fund to be managed and administered by the City Administrator. The City Administrator may create subaccounts within the fund and may establish rules for the administration of the residential solid waste collection service.
A. 
The residential waste collector shall collect solid waste and recyclables from its customers at least weekly at the same time.
B. 
Collections shall not take place on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Collections scheduled for those days shall take place within 48 hours of the scheduled collection day.
C. 
Nonresidential collections shall take place pursuant to schedules negotiated between the providers and their customers.
A. 
All facilities and equipment used in the collection of solid waste and recyclables in the City shall be kept and maintained in a safe, clean and sanitary condition.
B. 
All vehicles used in the collection of solid waste and recyclables in the City shall be completely enclosed.
C. 
All solid waste and recyclables collected in the City shall be deposited directly from the collection container to the collection vehicle.
A. 
All solid waste shall be placed in the pickup area in a covered metal or plastic container with a close-fitting lid.
B. 
The containers for solid waste and recyclables shall be well-drained and shall be kept and maintained in a clean and sanitary condition.
C. 
Containers with residential solid waste and recyclables shall be placed curbside for pickup unless the customer and the collector agree upon an alternate pickup site.
D. 
The City may, from time to time, establish by resolution rules and guidelines regarding the preparation and collection of solid wastes and recyclables.
E. 
A collector of solid waste or recyclables may refuse to collect refuse which is not in accord with this chapter. If refuse is refused, the collector shall advise the customer, in writing, of the reason by attaching a tag to the refused refuse or container.
Solid waste and recyclables generated in the City shall be disposed of at sites approved by the Wisconsin Department of Natural Resources or other approval agency.
The following recyclable materials shall be separated from post-consumer waste:
A. 
Lead acid batteries.
B. 
Major appliances.
C. 
Waste oil.
D. 
Yard waste.
E. 
Aluminum containers.
F. 
Bimetal containers.
G. 
Corrugated paper or other container board.
H. 
Foam polystyrene packaging.
I. 
Glass containers.
J. 
Magazines.
K. 
Newspaper.
L. 
Office paper.
M. 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
N. 
Steel containers.
O. 
Waste tires.
The separation requirements of § 518-13 of this chapter do not apply to the following:
A. 
Solid waste and recyclables processed at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials from solid waste in as pure a form as is technically feasible.
B. 
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
C. 
A recyclable material specified in § 518-13 for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 518-13 of this chapter shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
A. 
Lead acid batteries shall be disposed of as provided in § 287.18, Wis. Stats.
B. 
Major appliances shall be picked up at curbside on an as-needed basis by a licensed hauler or during annual or semiannual pickup events sponsored by the City. The property owner shall be responsible for the pickup charges.
C. 
Waste oil may be delivered to service stations within the City with facilities to receive the oil or may be disposed of as provided by § 287.15, Wis. Stats.
D. 
Yard waste shall be disposed of through the use of personal compost piles with larger materials being broken down, packaged and picked up on a semiannual/annual basis by the City.
A. 
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 § 518-13 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
B. 
No person shall deposit, throw, or place any solid waste or recyclables on or within any public street, alley, park, sidewalk or other public place, or within or upon any private property or premises, whether owned, kept or controlled by such person or not, unless the same shall be placed in containers as herein provided, or disposed of through a mechanical disposal unit connected to a sanitary sewer.
C. 
No person shall bury or burn any solid waste or recyclables on private or public property but cause to be collected and/or disposed of in the manner herein provided.
D. 
Except as otherwise provided in this chapter, no person other than a City-authorized refuse collector shall collect or interfere with any garbage, refuse, or recycling materials after they shall have been put into a recycling receptacle and deposited at the curb for the collector, nor shall any person molest, hinder, or delay or in any manner interfere with the City-authorized refuse collector in the discharge of its duties. No person shall hoard garbage for periods longer than a normal collection period. After any recyclable are placed at the curb for collection, they shall become and are the property of the City of Reedsburg. No one other than the authorized refuse collector for the City of Reedsburg is allowed to collect, pick up or receive recyclable materials placed at the curb for collection.
[Added 5-14-2007]
A. 
For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the City of Reedsburg may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the City of Reedsburg 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 Public Works Director or his/her designee 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.
C. 
The occupant of a one- or two-family dwelling may have the opportunity to correct a violation of this chapter and retain the material not prepared properly for collection for the next regular pickup.
D. 
Penalties for violating this chapter may be assessed as follows:
(1) 
Any person who violates § 518-18A may be required to forfeit $50 for a first violation, $200 for a second violation and not more than $2,000 for a third or subsequent violation, together with taxable court costs.
(2) 
Any person who violates a provision of this chapter, except § 518-18A, may be required to forfeit not less than $10 nor more than $1,000 for each violation, together with taxable court costs.
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 Ch. NR 544, Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code, 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.
Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
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 law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply.