The purpose of these regulations is to protect and promote the public health, safety, and welfare of the residents of the Town of Grand Chute, Outagamie County, Wisconsin. These regulations are designed to establish minimum standards for the disposal and recycling of solid waste, maintain safe and healthful conditions within the Town, prevent and control water pollution, and ensure the safe and proper management and diversion of waste materials, including solid waste and recyclable materials. These regulations provide for the licensing, regulation, and oversight of all waste disposal and recycling activities within the Town.
No person shall engage in the commercial collection, hauling, transportation, or disposal of solid waste or recyclable materials within the Town of Grand Chute without first obtaining a license issued by the Town, except as otherwise provided in this article. This requirement applies to private waste haulers, contractors, and any person or business offering waste management services for compensation. This requirement shall not apply to residents or property owners who dispose of their own post-consumer waste or recyclables through authorized municipal collection services or by using designated drop-off sites, provided such disposal complies with all applicable ordinances.
An application for a waste disposal or recycling license shall be submitted to the Town Board of the Town of Grand Chute, Outagamie County, Wisconsin. The application shall include the name and contact information for the applicant. If the applicant is a corporation, the name and address of its registered agent shall also be provided.
A license issued under this chapter shall be valid for a term established by the Town Board, beginning on the date of issuance. The license may be renewed, subject to submission of a renewal application, payment of the license fee as required, and approval by the Town Board. The Town Board may revoke any license at any time for cause, as outlined in this chapter.
The applicant shall submit a license fee with the application as prescribed in the Town Fee Schedule. If the application is denied, the license fee shall be refunded to the applicant.
A.
Prior to the issuance of any license hereunder, the applicant shall furnish the Town Board with a certificate of insurance evidencing the following coverages and issued by an insurer licensed in Wisconsin:
(1)
Commercial general liability insurance: Minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, covering bodily injury, property damage, and personal injury arising from the licensee's operations.
(2)
Automobile liability insurance: Minimum limit of $1,000,000 combined single limit per accident, covering all owned, hired, and non-owned vehicles used in waste hauling operations.
(3)
Environmental/Pollution liability insurance: Minimum limit of $1,000,000 per occurrence, covering claims arising from pollution, spills, or contamination caused by the licensee's operations.
(4)
Workers' compensation insurance. Statutory limits as required by Wisconsin law, with employer's liability coverage of at least $500,000.
(5)
Umbrella/Excess liability insurance: Minimum limit of $2,000,000 per occurrence, providing additional coverage over the primary policies listed above.
B.
The certificate of insurance shall name the Town of Grand Chute as an additional insured on the general and automobile liability policies and include a provision requiring the insurer to notify the Town at least 30 days prior to any cancellation, non-renewal, or material change in coverage. The licensee shall indemnify and hold harmless the Town from any and all claims, damages, or liabilities arising from the licensee's operations, negligence, or failure to comply with this article. Failure to maintain the required insurance or provide timely notification of cancellation shall automatically void the license issued hereunder.
C.
The Town Board reserves the right to adjust these insurance requirements periodically to reflect changes in risk or economic conditions, with notice to licensees.
The Town Board may revoke any license issued under this chapter for cause, upon three days' notice to the licensee and an opportunity for a hearing. Grounds for revocation include, but are not limited to, violations of this article or any other ordinance or state law regulating the disposal of solid waste and recyclable materials or the creation of a public nuisance. Revocation may also occur in the case of disapproval by the State Department of Health Services of the dump site, dumping location, or of the dumping operations conducted. If any license is revoked, the license fee shall not be refunded.
The provisions of this article shall not apply to Outagamie County-owned dump sites or landfill operations. It shall also not apply to residents of the Town of Grand Chute engaged in private agricultural or farming operations, to the extent permitted by state and federal law.
A.
No person shall operate a vehicle on a Town road unless the vehicle is properly constructed, loaded, and secured to prevent any contents from dropping, sifting, leaking, or otherwise escaping from the vehicle.
B.
No person shall deposit, throw, or dispose of debris or waste materials on any public or private property, including along any highway or roadways, except in compliance with Town regulations.
A. BULKY WASTE CONSTRUCTION AND DEMOLITION DEBRIS ELECTRONICS HAZARDOUS WASTE RECYCLING SOLID WASTE YARD WASTE
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Large items of refuse including, but not limited to, furniture, large appliances, mattresses, and other items that cannot be placed in standard waste containers.
Waste materials resulting from construction, remodeling, repair, or demolition of buildings or other structures, including wood, concrete, drywall, metal, and asphalt.
Items identified as electronic devices as defined under § 287.07(5), Wis. Stats.
Waste that is dangerous or potentially harmful to public health or the environment, including but not limited to chemicals, batteries, paints, and electronic waste.
All materials designated by the Town of Grand Chute as recyclable and banned from landfill disposal.
Any garbage, refuse, sludge, and other discarded material, including solid, liquid, semi-solid, or contained gaseous material, as defined in § 289.01(33), Wis. Stats. (e.g., household trash, discarded furnishings, and post-consumer materials).
Organic waste materials generated from landscaping and yard maintenance, including leaves, grass clippings, garden debris, and brush, including woody material no larger than six inches in diameter. Excludes stumps, roots, and shrubs with intact root balls.
B.
Care of solid waste and recyclable materials. No person shall:
(1)
Deposit, handle, or dispose of any solid waste, recyclable material, or waste material within said Town of Grand Chute except as provided in this chapter.
(2)
Deposit, throw, or place any solid waste, recyclable material, or waste material that is offensive to health, sight, or comfort in or along any public street, alley, park, sidewalk, or other public place.
(3)
Deposit, throw, place, or leave any solid waste, recyclable material, or waste material that is decaying or offensive to health, sight, or comfort on or within any private property or premises, whether owned or controlled by such person or not, except when placed in designated disposal carts as required in Subsections C and D.
C.
Containers.
(1)
Approved containers shall consist of:
(2)
Solid waste and recyclable materials not contained within an approved container will not be collected.
(3)
Larger containers are not permitted, except for mechanical dumpsters as authorized under Subsection D. When permitted, mechanical dumpsters shall be placed neatly at the curb, edge of street, alleyway, or designated pickup location of the premises on the day of collection.
(4)
Containers that are too tightly packed or frozen to prevent easy removal of the contents will not be collected.
D.
The Town Board, or its designee, may require the use of mechanical dumpsters for multifamily residential buildings with five or more units when:
E.
Duty of resident.
(1)
Every resident shall ensure that all solid waste and recyclable materials generated on the premises they own or occupy are properly contained and stored in compliance with this chapter. If the owner or occupant fails to do so, the Town may clean the premises, and the expense thereof shall be charged against the premises as a lien and shall be included as a special assessment against the property.
(2)
All residents are required to place designated containers for solid waste and recyclable materials at the roadside by 6:00 a.m. on the designated solid waste and recyclable material collection day in their area.
(3)
Containers shall be placed on a flat, level surface within six feet of the edge of the curb or at the end of driveway apron in a visible location so they are easily accessible for collection. Containers shall be placed a minimum of five feet away from any obstructions and placed with the wheels and handles facing toward the residence.
(4)
Containers shall not be placed at the roadside more than 12 hours before 6:00 a.m. on the designated collection day in their area. Containers shall be removed from the roadside within 24 hours after the 6:00 a.m. deadline on the collection day. Following removal, containers shall be returned to a location on the property that is no closer to the public right-of-way than the minimum front yard building setback applicable to the zoning district where the property is located. Containers may be stored in-line with, beside, or behind the primary structure, within a garage or accessory building, or in another location that complies with the applicable setback requirements. Containers shall not obstruct sidewalks, driveways, or public access areas.
(5)
Residents of multifamily dwellings five units and greater shall be responsible for placing solid waste and recyclable materials into designated mechanical dumpsters or other large containers provided at the residence. It shall be the responsibility of the landlord of the multiple-family dwelling to ensure that containers are properly placed for collection.
F.
Prohibited materials and unauthorized salvaging. No person, other than authorized Town employees, shall go through, sort, or remove any waste material that has been set out for collection. No person, other than the generator, authorized hauler, or the Town or its designee, shall remove, take, or salvage any recyclable material or solid waste that has been placed for collection or at a designated drop-off location. Unauthorized salvaging or scavenging is prohibited and shall be subject to enforcement under § 520-12, which affirms the Town's ownership of recyclable materials placed for collection. No person shall place any of the following materials in the designated disposal carts for collection:
(1)
Hot ashes.
(2)
Yard waste.
(3)
Bulky waste.
(4)
Hazardous waste.
(5)
Construction and demolition debris.
(6)
Electronics.
(7)
Lead-acid batteries.
(8)
Tires.
(9)
Oil.
These items shall be disposed of in accordance with Town guidance or applicable local, state, or federal regulations.
G.
Rules and regulations. The Town Board may establish and enforce rules and regulations for the collection of solid waste and recyclable materials, including provisions for special contract removal for residents when regular pickup under this article is refused due to the provisions of these regulations. Residents requesting special contract removal shall directly pay the cost of the equipment and labor. Special contract removal shall not occur during the regularly established collection hours.
Any person, firm, partnership, or corporation that violates any provision of this article shall, upon conviction, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules, together with the costs of prosecution. In default of payment, the offender may be imprisoned in the county jail for up to 30 days, or the maximum period allowed by law. Each day a violation continues constitutes a separate offense. This section shall not preclude the Town from seeking injunctive relief, abatement, or other appropriate legal or equitable remedies to prevent, remedy, or remove a violation.
A.
No third party (excluding the Town of Grand Chute, its contract hauler, and the affected property owner) is prohibited to enter Town roads, rights-of-way, or adjacent private property for the purpose of removing or handling of solid waste or recyclable materials placed for collection, unless expressly authorized by the affected property owner.