[HISTORY: Adopted by the Town Board of the Town of Ottawa as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 11.02 of the 1987 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
For purposes of this article, the following definitions shall apply:
A person or persons specifically licensed and authorized by the Town Board of the Town of Ottawa to collect garbage, rubbish and recyclable material and to dispose of the same.
Discarded materials resulting from the handling, processing, storage and consumption of food.
Those wastes defined as hazardous wastes in Chapter NR 661 of the Wisconsin Administrative Code.
Residential or commercial air conditioner, clothes dryer, clothes washer, dehumidifier, dishwasher, freezer, furnace, boiler, microwave oven, oven, refrigerator, stove or water heater.
Those items listed in § 267-5, below.
All garbage and trash except for those items listed as recyclables or non-collectibles.
Rigid plastic containers made of PETE (#1), HDPE (#2), PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7).
Those items defined as recyclables in § 267-4, below.
Rubbish, paper, boxes, barrels, scrap wood, and other similar materials, but not including those items listed as non-collectibles.
Leaves, rakings, clippings and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. Does not include stumps, roots or shrubs with intact root balls.
This article shall apply to the following:
Occupants of single-family residences, two- to four-unit residences, multiple-family dwellings, and non-residential facilities shall separate the following materials from post-consumer waste:
A.
Glass containers: clear, green and brown.
B.
Newspapers, magazines and office paper.
C.
Corrugated cardboard (clean).
D.
Aluminum cans, scrap and foil.
E.
Plastic containers #1 through #7.
F.
Lead acid auto and commercial batteries.
G.
Waste oil.
H.
Tires.
I.
Yard waste.
J.
Steel containers.
K.
Anti-freeze.
L.
Bimetal containers.
M.
Major appliances.
N.
Foam polystyrene packaging.
The following items are non-collectibles and cannot be accepted for either landfilling or recycling:
A.
It shall be the right of any garbage collector to refuse pickup of recyclables and non-recyclables not properly separated.
B.
Method of recycling. All persons, businesses, institutions, and others subject to this article shall recycle all recyclable materials pursuant to one of the following methods:
(1)
Separate and transport all recyclables to the Town of Ottawa recycling center located at the Ottawa Town Hall. This recycling center is a service of the Town of Ottawa and is available to all Town residents at no charge. It is open on Saturdays from 8:00 a.m. to 11:00 a.m. The Town of Ottawa reserves the right to determine which recyclables will be accepted at the Town of Ottawa recycling center.
(2)
Contract for collection by a private collector at the expense of the contracting party. All collectors must be licensed by the Town of Ottawa, and recyclables and non-recyclables must be separated with non-recyclables placed in clear bags.
(3)
Sell or donate recyclables to a commercial recycler.
Owners or designated agents of multiple-family dwellings with five or more residential units and all nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 267-4:
A.
Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility.
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, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site.
A.
License required. All collectors must be licensed by the Town of Ottawa in the manner provided in this section.
B.
Application. Application for license shall be made in writing to the Town Clerk upon forms provided by the Town of Ottawa.
C.
Payment of fee. Fees required for a license shall be paid at the office of the Town Clerk before the granting of the license. No fee paid shall be refunded unless the license is denied. Licensing fee shall be $100 per year.
D.
Financial guarantee and insurance. All collectors shall provide a financial guarantee, and shall be insured as required by the Town Board. The financial guarantee shall guarantee performance of the collector's obligations described in this article, and also guarantee performance of contractor's contractual obligations to the Town. If the guarantee is in the form of a bond, the bond shall be executed by a surety company and be subject to approval by the Town Board. In lieu of a bond, the contractor may guarantee performance by providing a properly issued letter of credit that is approved by the Town Board and Town Attorney. The Town shall be entitled to draw upon the financial guarantee in the event of default in contractor's obligations. The Town shall also be entitled to draw upon the financial guarantee in the event the Town receives notice of expiration of the financial guarantee which would occur during the contract term and 60 or fewer days remain prior to such expiration. All required insurance policies shall be approved as to the substance and form by the Town Attorney. As a minimum requirement, the collector shall be covered by insurance against public liability and property damage to the limit of $2,000,000 which may be evidenced by delivering a copy of the certification of insurance to the Town Clerk. Collector agrees to name the Town of Ottawa and its officers and employees as additional insured under the above-noted liability insurance. Failure to obtain or maintain such insurance shall result in immediate revocation of the collector's license. Satisfactory evidence of the financial guarantee and coverage by the required insurance shall be filed with the Town Clerk before the license is issued.
E.
All collectors must prepare and submit quarterly reports of business activity in the Town to the Town Clerk. Said reports shall include the total amount of all material collected, total amount of recyclable materials collected, number of stops made weekly, number of residents served, and tipping weight information as well as any other information required by the Town. Additionally, said report should give notice of any non-compliance, specifically giving the address of the subject property.
F.
Indemnification. The issuance of a license to a collector by the Town Board under this article does not constitute a representation or warranty by the Town as to the collector, and the collector shall hold the Town harmless from any and all claims and liability whatsoever due to the collection and disposal of any materials pursuant to said license.
G.
Unless otherwise provided, the license year shall end on December 31st of each year.
From the time that recyclables are placed for collection or taken to the Town recycling center, all recyclable items shall become the property of the contractor or Town of Ottawa, respectively, and it shall be a violation of this article for any person unauthorized by the contractor or Town of Ottawa to collect or pick up or cause to be collected or picked up any such items.
A.
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Town of Ottawa 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 non-residential 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 Town of Ottawa 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 article may be issued a citation by the Waukesha County Sheriff's 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 subsection. Any person, institution, business or other entity that violates this article shall be subject, upon conviction, to a penalty as provided in § 1-4 of the Ottawa Town Code.