[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:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Any refuse that is accumulated in or upon property used for
wholesale or retail commercial purposes.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from form polystyrene that satisfies
one of the following criteria:
All kinds of organic kitchen waste resulting from the preparation
of food, and all decayed food products from any source whatsoever.
High-density polyethylene, labeled by the SPI code No. 2.
Any refuse that is accumulated in or upon property used for
manufacturing or industrial purposes.
Low-density polyethylene, labeled by the SPI code No. 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,
stove, furnaces, boilers, heat exchanger, dishwashers and water heaters.
A property having three or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
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.
Plastic resins labeled by the SPI code No. 7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131, Wis. Stats.,
state agency or authority or federal agency.
Polyethylene terephthalate, 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.
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.
Polypropylene, labeled by the SPI code No. 5.
Polystyrene, labeled by the SPI code No. 6.
Polyvinyl chloride, labeled by the SPI code No. 3.
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.
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.
A property having a single-family dwelling or a duplex.
The exclusive provider of residential solid waste services
selected by the City to provide such services.
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.
Includes incineration.
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 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.Â
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.Â
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.Â
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.Â
The applications shall be forwarded to the Public Works Committee,
which shall make a recommendation to the Common Council.
C.Â
The Common Council shall select a licensee for a three-year period
commencing September 1, 2002.
D.Â
The Mayor and City Clerk-Treasurer are authorized to enter into a
three-year contract with the licensee.
E.Â
The license application and issuance process shall be repeated every
three years.
A.Â
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.Â
The residential waste collector shall provide its residential customers
a container for solid waste and a container for recyclables.
A.Â
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.Â
Fees shall be billed by the City on an annual basis as a special
charge on the tax roll.
C.Â
Unpaid fees may be collected as a special charge against real property
pursuant to § 66.0627, Wis. Stats.
D.Â
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.Â
The residential waste collector shall collect solid waste and recyclables
from its customers at least weekly at the same time.
B.Â
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.Â
Nonresidential collections shall take place pursuant to schedules
negotiated between the providers and their customers.
A.Â
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.Â
All vehicles used in the collection of solid waste and recyclables
in the City shall be completely enclosed.
C.Â
All solid waste and recyclables collected in the City shall be deposited
directly from the collection container to the collection vehicle.
A.Â
All solid waste shall be placed in the pickup area in a covered metal
or plastic container with a close-fitting lid.
B.Â
The containers for solid waste and recyclables shall be well-drained
and shall be kept and maintained in a clean and sanitary condition.
C.Â
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.Â
The City may, from time to time, establish by resolution rules and
guidelines regarding the preparation and collection of solid wastes
and recyclables.
E.Â
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.Â
Lead acid batteries.
B.Â
Major appliances.
C.Â
Waste oil.
D.Â
Yard waste.
E.Â
Aluminum containers.
F.Â
Bimetal containers.
G.Â
Corrugated paper or other container board.
H.Â
Foam polystyrene packaging.
I.Â
Glass containers.
J.Â
Magazines.
K.Â
Newspaper.
L.Â
Office paper.
M.Â
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
N.Â
Steel containers.
O.Â
Waste tires.
The separation requirements of § 518-13 of this chapter do not apply to the following:
A.Â
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.Â
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.
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.Â
Lead acid batteries shall be disposed of as provided in § 287.18,
Wis. Stats.
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
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.