[HISTORY: Adopted by the Town Board of Town of Wescott 9-2-2020 by Ord. No. 2020-06. Amendments noted where applicable.]
The purpose of this chapter is to provide for the proper collection and disposal of domestic refuse/solid waste, and to promote recycling and resource recovery through the administration of an effective and efficient refuse collection and recycling program as provided in §§ 287.09 and 287.11 Wis. Stats. This chapter supersedes all conflicting and contradictory waste management and recycling regulations previously enacted by the Town of Wescott, including, but not limited to: Ordinance No. 83-1, adopted 5-17-1983; Ordinance No. 91-5, adopted 5-13-1997; Ordinance No. 91-5A, adopted 8-21-1991; Ordinance No. 93-10, adopted 12-14-1993; Ordinance No. 2001-1, adopted 5-7-2001; Ordinance No. 2002-8, adopted 5-14-2002; Ordinance No. 2016-02, adopted 8-11-2016.
The following words, terms and phrases, when used in this chapter, shall have the meanings given in this section, except where the context clearly indicates a different meaning:
BULKY WASTE
Discarded articles of such size as are not normally collected with domestic wastes, such as but not limited to appliances, windows and doors, but customarily considered normal household waste.
COMMERCIAL ENTERPRISES (BUSINESS)
As designated by this chapter and receiving service from the Town or its contractors, are those businesses customarily dealing directly with the public at the business site for sales at retail prices, and are not industrial or manufacturing entities, or by providing a legitimate business service.
CONSTRUCTION AND DEMOLITION WASTE
Substantial wastes resulting from building construction, repair, alteration or demolition, and including but not limited to concrete, asphalt, stone, siding, roofing supplies, brick, or dirt.
DOMESTIC WASTE
Garbage, refuse, ashes, but not including yard waste, bulky waste, construction and demolition waste, and not including commercial, agricultural, or industrial waste. Domestic waste is intended to include only garbage, refuse, and small amounts of construction and demolition materials normally generated by a household including furniture and small appliances.
DUMPING or DISPOSAL
Dumping or disposal includes, but is not limited to, unloading, throwing away, discarding, emptying, abandoning, discharging, burning, or burying waste, garbage, refuse or sludge on, into or under any property or lands, whether publicly or privately owned, within the Town of Wescott.
GARBAGE
Putrescible (capable of becoming putrid by rotting) animal and vegetable wastes resulting from the handling, preparation, cooking, storage and consumption of food.
RECYCLABLES
All materials designated by the Town for inclusion in its recycling program, as dictated by the corresponding resolution.
REFUSE
Nonputrescible solid wastes consisting of both combustible and noncombustible waste, such as but not limited to paper, cardboard, cans, bottles, glass, plastic, metals, rubber, wood, cloth, litter, yard waste and brush.
SLUDGE
Sewage treatment residue in any form whatsoever, whether solid, semisolid or liquid, which has been processed or treated in any way, form or manner.
SOLID WASTE
Garbage, rubbish, and all other discarded or salvageable solid materials, including solid waste materials resulting from commercial, agricultural operations and from domestic use and public service activities.
TOXIC OR HAZARDOUS WASTES
Concentrations of solid wastes such as pesticides, acids, car batteries, oil paints, solvents, caustics, pathological wastes, radioactive materials, flammable or explosive materials and similar chemicals and harmful wastes which require special handling and disposal to protect and conserve the environment.
YARD WASTE
Grass clippings, leaves, garden debris, and brush, but not including stumps or tree limbs over two inches in diameter.
A. 
The owner or occupant of any premises shall be responsible for the sanitary storage of all solid waste and yard waste generated on those premises.
B. 
Solid waste shall be stored in containers as described in §§ 250-4B and 250-5B. Any other container shall be used only after approval by the Town Board.
C. 
Toxic or hazardous wastes shall be stored in safe locations and in separate, closed containers in accordance with applicable state and federal regulations. Said containers shall be identified in accordance with state and federal labeling requirements.
D. 
Nuisance abatement. Where a nuisance is found to exist due to insufficient containers, the nuisance shall be abated pursuant to Chapter 250 of this Code.
E. 
Enclosures. Premises other than single-family may be required by the Town Board to construct an enclosure to visually and physically screen their solid waste storage area where said area can be seen from a single-family premises or public property.
Domestic refuse/solid waste shall be collected by the Town from all single-family homes and multifamily dwellings with up to four units (collectively "dwellings") on a weekly basis, provided such waste is properly handled, prepared, contained, stored and located in conformance with this chapter.
A. 
All containers for the storage and collection of waste shall be maintained as to prevent the creation of a nuisance to public health and safety. All domestic refuse/solid waste must be placed in the container with the lid closed. Domestic refuse/solid waste cannot be bagged in black or nontransparent bags. Between collection days, containers must be stored with the lid closed inside a garage or behind the front of the dwelling being served.
B. 
Containers for domestic refuse will be provided and owned by the Town of Wescott.
C. 
Up to one additional domestic refuse container may be purchased from the Town of Wescott for weekly collection for a fee. The fee shall be in an amount as set from time to time by resolution of the Town Board; fees shall be paid to the Town of Wescott.
D. 
The following waste is prohibited: liquid waste; building demolition materials; bulky waste, including articles of such a size and/or weight as to make collection impractical; recycling materials mixed with other refuse; yard waste; asbestos; tires; used motor oil; medical waste; batteries; stone and concrete; animal carcasses; or any hazardous waste.
Domestic recyclable waste shall be collected on a weekly basis in conformance with this chapter.
A. 
All containers for the storage and collection of recyclable materials shall be maintained as to prevent the creation of a nuisance to public health and safety. All recyclable waste must remain unbagged and fit in the container with the lid closed. Between collection days, containers must be stored with the lid closed inside a garage or behind the front of the dwelling being served.
B. 
Containers for recycled materials shall be provided and owned by the Town of Wescott.
C. 
Up to one additional domestic recyclable waste container may be purchased for a fee. The fee shall be in an amount as set from time to time by resolution of the Town Board; fees shall be paid to the Town of Wescott.
D. 
Recycling materials may be mixed together, but no cardboard segments shall exceed three feet in length.
Business/commercial refuse/solid waste/commercial recycling shall be collected by private contract with the owner, in a manner and frequency as needed to protect public safety, health and welfare.
Collection service for domestic refuse/waste/recycling is mandatory for every habitable single-family home and multifamily dwelling with four or less units in the Town of Wescott regardless of occupancy status.
A fine may be imposed for the replacement of lost, stolen, damaged or destroyed containers at the Town's sole discretion and may be imposed as a special charge against the property being served. The fine shall be in an amount as set from time to time by resolution of the Town Board; fines shall be paid to the Town of Wescott.
All containers for collection service of domestic refuse/waste/recycling must be placed at the end of the driveway of the respective dwelling being served. The container must be unobstructed and placed on a flat surface that is at least four feet away from any other object, snow pile or low-hanging wire. The lid to the container must be closed and face the road. Placement shall occur no earlier than 6:00 p.m. the evening before collection is scheduled and no later than 7:00 a.m. of the date of collection. In between collection days, containers must be stored inside a garage or behind the front of the dwelling being served. Storage must take place no more than 24 hours after pickup.
The Town of Wescott may, in its sole discretion, refuse to accept domestic waste and/or domestic recyclable waste that has not been maintained, stored or set out for collection as required by this chapter or in a way that contravenes the public safety, health and welfare.
Any person who violates this chapter shall, upon conviction, be subject to the forfeiture amount in the Fine and Forfeiture Schedule of the Town of Wescott that shall be as set from time to time by resolution by the Town of Wescott. Each violation and each day a violation continues or occurs shall constitute a separate offense.
In the event any portion of this chapter is found unlawful or unconstitutional, the remaining portions shall remain in full force and effect.
This chapter shall become effective on September 11, 2020.