[HISTORY: Adopted by the Common Council of
the City of Rice Lake as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-26-1998 by Ord. No. 860 (Title
8, Chapter 3 of the Code of Ordinances)]
A.
Title. This article shall be known as the "Municipal
Solid Waste Collection Ordinance of the City of Rice Lake, Wisconsin,"
hereinafter referred to as "this article."
B.
Residential garbage and solid waste. All garbage and
solid waste produced by residential units in the City shall be collected
and disposed of by the City or by persons hired or contracted by the
City to perform such services.
C.
Industrial and commercial waste. All industrial and
commercial garbage and solid waste shall be collected and disposed
of by garbage collectors licensed by the City.
[Amended 6-24-2008 by Ord. No. 08-12]
D.
Administration. The collection of garbage and solid
waste as defined herein shall be under the administration of the Street
Superintendent, who shall make such regulations as are necessary regarding
the collection of garbage and solid waste with the approval of the
Common Council.
E.
Private disposal of garbage. This article shall not
prohibit the actual producer of garbage or solid waste or the owners
of residential units upon which demolition waste has been accumulated
from personally collecting, conveying and disposing of such materials
at the approved municipal landfill site or at any other lawful disposal
site, provided that such producers or owners comply with other provisions
of this article dealing with the accumulation of garbage and demolition
wastes, vehicle regulations and specifications and with payment to
the City for regularly billed service.
F.
Billing for services. All residential units within
the City of Rice Lake shall receive solid waste and garbage collection
services once per week as set forth in this article, and each residential
unit shall be billed for said service as a City utility on a monthly
basis whether said service is used or not.
G.
The title to all solid waste generated within the
City of Rice Lake shall vest and remain with the City of Rice Lake
until such time as it is delivered to and deposited at or in a City
of Rice Lake designated disposal site, in the case of residential
solid waste, or until ultimate disposal by licensed commercial or
industrial haulers.
[Added 3-17-2008 by Ord. No. 08-07]
It is hereby declared to be the purpose and
intent of this article to enhance and improve the environment and
promote the health, safety and welfare of the City by establishing
minimum standards for the storage, collection, transport, processing,
separation, recovery and disposal of solid waste.
For the purposes of this article, the following
words and phrases shall have the meanings given herein unless different
meanings are clearly indicated by the context:
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods.
The act of removing solid waste from the storage area at
the source of generation.
Solid waste in the City that is not generated by residential
units or industrial entities. Commercial solid waste also excludes
demolition and yard waste.
[Amended 6-24-2008 by Ord. No. 08-12]
The back edge of curb and gutter along a paved street or
where one would be if the street was paved and had curb and gutter.
That portion of solid wastes consisting of wastes from the
repair, remodeling or reconstruction of buildings, such as lumber,
roofing and sheathing scraps, rubble, broken concrete, asphalt and
plaster, conduit, pipe, wire, insulation and any other materials resulting
from the demolition/improvement of buildings which are accepted by
a lawful, licensed demolition site.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
A place of habitation occupied by a normal single-family
unit or a combination of persons who may be considered as equivalent
to a single-family unit for the purposes of this article.
Useless, unwanted or discarded material from agricultural,
residential, commercial, industrial or institutional activities, exclusive
of solid waste or dissolved material in domestic sewage, recyclables
or demolition wastes. Any combination of garbage and other waste shall
always be deemed to be garbage for the purpose of licensing under
this article.
Radioactive, volatile, highly flammable, explosive, toxic
or hazardous materials. Hazardous materials shall include but not
be limited to any amount of waste listed or characterized as hazardous
by the United States Environmental Protection Agency or any state
agency pursuant to the Resource Conservation and Recovery Act of 1976,
as amended, and applicable state law.
Solid waste in the City generated by entities assessed for
tax purposes by the Wisconsin Department of Revenue under the provisions
of W.S.A. s. 70.995.
[Added 6-24-2008 by Ord. No. 08-12]
Solid waste scattered about in a careless manner.
Where commercial and industrial uses are maintained at or
in conjunction with a residential unit, the residential unit shall
be deemed commercial for the purposes of this article and City billing
purposes.[1]
Collection services provided by a person or entity so licensed.
[Amended 6-24-2008 by Ord. No. 08-12]
All solid waste that normally originates in a residential
environment from residential dwelling units.
Each living unit in the City of Rice Lake designed for permanent
living quarters, including single-family dwellings, duplexes and triplexes.
All apartment buildings and any unit housing more than three dwelling
units shall be considered commercial.
The uncontrolled removal of material at any point in solid
waste management.
Garbage, rubbish and other useless, unwanted or discarded
material from agricultural, residential, commercial, industrial or
institutional activities. Solid waste does not include solid or dissolved
material in domestic sewage, recyclables or demolition wastes.
Body waste, dead animals, large vehicle parts, large equipment,
large appliances, large discarded furniture, construction debris and
demolition wastes shall be considered items subject to special haul
services and charges and are not considered residential waste subject
to regular weekly collection.
The interim containment of solid waste in an approved manner
after generation and prior to collection and ultimate disposal.
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection day.
That part of solid waste consisting of leaves, grass clippings,
sawdust and twigs, shrubs and small brush less than one inch in diameter.
[1]
Editor's Note: The former definition of "nonresidential
solid waste," which immediately followed this definition, was repealed
6-24-2008 by Ord. No. 08-12.
A.
Storage areas shall be kept in a nuisance- and odor-free
condition. Litter shall not be allowed to accumulate. Collection crews
will not be responsible for cleaning up loose materials from any containers
which have become ruptured or broken due to wet conditions, animals,
vandalism or other cause. The occupant and/or owner shall be responsible
for cleaning up this litter. Litter not collected shall not be allowed
to accumulate. Violation will result in the occupant and/or owner
being notified to clean up his area, with continued violation resulting
in the owner being prosecuted under the provision of this article
and other City ordinances.
B.
No garbage or dead animals shall be kept more than
eight days on any premises except at an approved and properly licensed
sanitary landfill site, except for special circumstances which may
be approved by the Health Officer.
A.
General container standards. Each person occupying
and dwelling in a house or other building or portion thereof and producing
garbage for collection shall provide and renew, when necessary, a
sufficient number of cans or containers to hold the garbage accumulating
between collections without overloading. Suitable containers of a
type approved by the City shall be provided in which to store all
solid waste, except for bulky or certain yard wastes as provided for
herein. Containers, in order to be approved, shall provide for efficient,
safe and sanitary handling of solid wastes. They shalt be maintained
in a nuisance- and odor-free condition, shall be watertight and flyproof
and shall be sufficient to prevent the scattering of contents by weather
conditions or animals.
B.
Approved containers.
(1)
Approved residential solid waste containers shall
consist of metal or plastic water-repellent containers with tight-fitting
covers and suitable handles, commonly referred to as "garbage cans,"
or plastic garbage bags which are closed by means of a tie or any
other container approved by the city. Approved containers shall have
a capacity of not more than 33 gallons and not less than 20 gallons
and shall weigh not more than 65 pounds when full. Metal garbage cans
shall be of sufficient thickness to resist denting during normal handling
by collection crews. Plastic garbage cans shall consist of plastic
material not damaged by freezing and not susceptible to melting. They
shall be capable of being handled during hot and cold weather without
damage during normal handling by collection crews. Plastic bags shall
be of sufficient strength to allow lifting and loading of contents
without tearing.
(2)
Any defective can or any receptacles having ragged
or sharp edges or any defects which might injure or hamper the person
collecting the waste shall be replaced immediately by the owner. There
shall be no limit on the number of cans or bags placed for any one
collection period.
C.
Defective containers. All garbage cans incapable of
continuing to meet the definition of an approved container because
of damage, loss of handles or other factors shall be tagged by the
collection crew. The collection crew will also leave notification
of the defects on the premises. The next collection day the container
appears, it will be collected and disposed of. The Street Department
shall establish standards for the collection crews to use in the determination
of whether a container is defective and the methods and procedures
for tagging defective containers. Where containers from several residential
units are placed for collection at the same location, the containers
shall be identified with the address number so ownership can be determined.
D.
Illegal containers. Containers not approved consist
of metal barrels and drums, wooden or cardboard barrels, wheelbarrows
and other such containers not approved by this article. These containers
will not be emptied regardless of contents or weight.
E.
Commercial and industrial waste. All commercial and
industrial waste must be stored in city-approved receptacles upon
the premises of the producer of the waste.
All residential units will be permitted to dispose
of yard wastes through regularly scheduled pickups. Leaves and grass
clippings must be properly stored in garbage bags or approved containers
for collection or they will not be collected.
A.
Placement for collection. Residential solid waste
shall be accessible to collection crews. Residential solid waste in
approved containers shall be placed immediately behind the curb of
the public street for collection or in a place designated by the collector.
Yard and bulky wastes from residential units shall likewise be placed
in neat, orderly fashion behind the curb. During winter months, solid
waste shall not be placed on top of the snow bank, nor shall it be
placed in the roadway. The owner shall either shovel out an area behind
the curb in which to place his waste or he shall place it in his driveway.
Collection crews will not collect residential solid waste unless it
is placed at the curb of a public street. Residential units shall
bring their solid waste to the public right-of-way for collection.
Should collection crews be unable to discharge contents of garbage
cans into collection vehicles using normal handling procedures, the
cans, including contents, will be left at curbside. The owner shall
make provisions to assure that the solid waste therein can be collected
on the next collection day. Collection crews will not empty garbage
cans by means other than dumping.
B.
Restriction on time of placement. All receptacles and containers for solid waste, garbage and rubbish and all bundles of rubbish shall be placed in collection locations as designated in Subsection A above not earlier than 24 hours before the regular collection time. All receptacles and containers for garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time. City employees or employees of licensed collectors will not enter any structures to remove garbage.
C.
Time of collection for residential units. Garbage
collection shall be once a week from every residential unit served.
Collection shall occur only between the hours of 6:00 a.m. and 5:30
p.m. When the regular collection day falls on one of the following
holidays, such regular collection on the holiday may be omitted and
collection shall be made on another day during the week of such holiday,
and the licensee shall inform each customer of the makeup collection
day. The holidays herein referred to are New Year's Day, Memorial
Day, July Fourth, Labor Day, Thanksgiving Day, Christmas, Veterans
Day and Good Friday. All garbage vehicles used for hauling garbage
by a licensee on any day shall be emptied daily at an appropriate
and lawful site.
D.
Time of collection for commercial units. Commercial
accounts may be serviced between 3:00 a.m. and 9:00 p.m. Frequency
of commercial collection shall be determined upon the service purchased
by the commercial customer.
A.
Notices. In all instances where such inspections reveal
violations of this article and regulations authorized herein or the
laws of this state, the Street Superintendent or Inspection and/or
Street Department shall issue written notice for each such violation,
stating therein the violation found, the date and time of such violation
and the corrective measures to be taken, together with the time in
which such corrections shall be made. Time limits set for the correction
of violations shall be reasonable and consistent. The Inspection and/or
Street Department shall consider time needed for repairs or purchases
to correct deficiencies, public health and consistent time limits
for like violations. Time limits shall not be greater than 10 working
days nor less than 24 hours. All such notices shall be kept in a clearly
marked file and shall be available for public inspection during regular
business hours.
B.
Special collections for violations. If any person,
including those receiving collection from a private firm, is found
in violation of the collection and storage requirements of this article
and fails to comply with a notification and/or citation, the Inspection
and/or Street Department shall be empowered to order a special collection
to remove such violation. The person shall be notified of such special
collection and the charges therefor. The special collection shall
be made and, if billing is unpaid, the bill shall be considered a
lien on the property and shall be placed on the tax roll. A person
shall not use the special collection provisions of this article to
circumvent requirements for collection by a private firm.
[Amended 6-24-2008 by Ord. No. 08-12]
In the absence of an express agreement to the
contrary, control of the residential and commercial solid waste and
garbage placed for collection by collectors or haulers licensed by
the City, shall vest in the City of Rice Lake as soon as it is placed
for collection. Residential and commercial garbage and solid waste
shall be taken by City licensed haulers to the Barron County incinerator
or designated landfill whenever so directed by the City or its agent.
Failure to so comply shall be grounds for revocation of license.
A.
Dead animals. It shall be unlawful to place any dead
animal, or parts thereof, in a container for collection; provided,
however, that this section shall not apply to animal parts from food
preparation for human consumption.
B.
Undrained food wastes. It shall be unlawful to place
any garbage or other food wastes in a container for collection unless
it is first drained and wrapped.
C.
Ashes. It shall be unlawful to place hot ashes for
collection. Ashes that are cool and dry may be placed for collection,
but only in noncombustible, disposable containers. Ashes shall not
be placed in reusable containers for collection.
D.
Improper placement. No person shall deposit, throw
or place any garbage, offal, dead animals or other deleterious matter
in any park, lane, alley, street, public grounds or public place within
the City or place any garbage, offal, dead animal or other matter
upon any private property, whether owned by such person or not, unless
the same is enclosed in proper vessels or containers, which shall
be watertight and kept so with tightly fitting covers.
E.
Compliance with chapter. It shall be unlawful to store,
collect, transport, transfer, recover, incinerate or dispose of any
solid waste within the boundaries of this locality contrary to the
provisions of this article.
F.
Improper transportation. It shall be unlawful to transport
any solid waste in any vehicle which permits the contents to blow,
sift, leak or fall therefrom. If spillage does occur, the collection
crew shall immediately return spilled materials to the collection
vehicle and shall properly clean, or have cleaned, the area. All vehicles
used for the collection and transportation of solid waste shall be
durable, easily cleanable and leakproof, if necessary, considering
the type of waste and its moisture content. Collection vehicles shall
be cleaned frequently to prevent nuisances and insect breeding and
shall be maintained in good repair.
G.
Interference with authorized collector. No person
other than an authorized collector shall collect or interfere with
any garbage after it shall have been put into a garbage receptacle
and deposited in the proper place for the collector, nor shall any
unauthorized person molest, hinder, delay or in any manner interfere
with an authorized garbage collector in the discharge of his duties.
H.
Scavenging. It shall be unlawful for any person to
scavenge any solid waste.
I.
Private dumps. It shall be unlawful for any person
to use or operate a dump.
J.
Burning of waste. It shall be unlawful for any person
to burn solid waste in any manner, except as provided elsewhere in
this Code.
K.
Feeding of food waste to animals. It shall be unlawful
for any person to engage in the feeding of food waste to animals for
commercial purposes.
M.
Animal or human wastes. It shall be unlawful for any
person to place animal wastes and/or human wastes for collection.
These wastes shall be disposed of in plastic bags or in the sanitary
sewer system.
N.
Hospital wastes. It shall be unlawful for any person
to place for collection any pathogenic hospital wastes. Such items
as needles and syringes may be disposed of as long as they are contained
to eliminate injury to collection crews.
O.
Waste from outside of municipality. It shall be unlawful
to bring solid waste from outside the City into the City limits for
collection and disposal by the City or licensed collectors.
P.
Building waste. All waste resulting from remodeling,
construction or removal of a building, roadway or sidewalk shall be
disposed of by the owner, builder or contractor. No license is required
if done by the owner, contractor or builder.
Q.
Special haul items. It shall be unlawful for any person
receiving residential garbage collection within the City of Rice Lake
to set out for regular collection special haul items as defined herein.
Collection service for the disposal of these items must be contracted
directly with the hauler at the rates specified in its contract.
A.
Residential.
(1)
Residential charges for garbage and solid waste collection
and disposal shall be determined by resolution of the Common Council
of the City of Rice Lake from time to time and shall be billed in
advance of the service to each residential unit on the monthly municipal
utility bill. Each residential unit, as defined in this article, shall
receive one monthly bill for collection and disposal as determined
by Common Council and calculated by its contracts with the garbage
hauler and the municipal landfill site.
(2)
Any charges for garbage collection and disposal which
shall become delinquent by 60 days shall be made a special assessment
and lien against the real property to which the service was provided.
When an account becomes 30 days' delinquent, the Clerk-Treasurer's
office shall send a thirty-day delinquency notice both to the resident
and the property owner, if they are different, advising them that
failure to pay within 30 days of the notice shall result in assessment
against the real property as set forth above. The administrative cost
of the delinquency notice sent by the Clerk-Treasurer shall be added
to the delinquent bill.
B.
Commercial.
(1)
Commercial fees. All fees for the collection of commercial
and industrial waste shall be determined by the Common Council of
the City of Rice Lake from time to time. Said fees shall be based
upon the cost of disposal at the municipal disposal site and upon
the rates reasonably requested by the private hauler. All fees for
collection and disposal of commercial and industrial waste shall be
billed by the private licensed hauler directly to the industrial or
commercial user, which bill shall include an itemization of both hauling
charges and disposal fees as approved by the Common Council of the
City of Rice Lake.
(2)
Commercial rate card. The city-licensed hauler shall
provide to all existing and potential commercial customers or accounts
a printed rate card consistent with the existing contract rates approved
by Common Council. The rate card shall be submitted in such a manner
as to enable the customer to distinguish between differing commercial
rates and services.
[Amended 3-17-2008 by Ord. No. 08-08]
A.
License required. No person shall engage in the business of collecting demolition waste or solid waste in the City without first obtaining from the City a license. Applications for licenses shall be presented to the Common Council on forms prepared by the City Clerk-Treasurer and shall be accompanied by the license fee as set forth in the fee schedule adopted as part of the annual budget document. The City Clerk-Treasurer shall provide the person obtaining a license with a printed or written license containing a number identical to the number of the license on record in the office of the City Clerk-Treasurer. The City license number shall be prominently displayed on any vehicles operating in the City pursuant to the license. A person having a City junk dealer license under Chapter 173 shall not be required to obtain a license under this article.[1]
B.
Definitions.
(1)
Solid waste: garbage, rubbish and other useless, unwanted
or discarded material from agricultural, residential, commercial,
industrial or institutional activities. Solid waste does not include
solid or dissolved material in domestic sewage, recyclables or demolition
wastes. Any combination of garbage and other waste shall always be
deemed to be solid waste for the purpose of licensing under this article.
(2)
Demolition waste: that portion of solid wastes consisting
of wastes from the repair, remodeling or reconstruction of buildings,
such as lumber, roofing and sheathing scraps, rubble, broken concrete,
asphalt and plaster, conduit, pipe, wire, insulation and any other
materials resulting from the demolition/improvement of buildings which
are accepted by a lawful, licensed demolition site.
[Amended 3-17-2008 by Ord. No. 08-08]
A.
Transfer of licenses. Licenses may be transferred
upon application to the City Clerk-Treasurer, payment of a transfer
fee as set forth in the fee schedule adopted as part of the annual
budget document, and subject to approval by the Common Council. The
City Clerk-Treasurer shall thereupon issue a new license to the transferee
for the unexpired portion of the license, subject, however, to all
of the terms and conditions of this section.
B.
Compliance with law. It is a condition of all licenses
granted under this section that the license holder shall comply with
the ordinances and orders of any agency of the City and the rules,
regulations, orders and statutes of the state.
[Amended 3-17-2008 by Ord. No. 08-08]
A.
The Common Council may revoke or suspend any license
for cause after hearing on 20 days' notice to the holder thereof.
No person whose license or permit has been revoked shall again be
issued such license under this article within one year from the date
of revocation.
B.
In the event that a new or changed comprehensive plan
of municipal solid waste or demolition collection is adopted, the
Common Council may terminate any license issued under this article,
without hearing, and without additional cause, on 30 days' written
notice to the license holder.
A.
Solid and
demolition waste.
(1)
Solid
waste. No license shall be issued until the applicant has furnished
satisfactory proof that the applicant has in full force and effect
a general liability insurance policy in a company authorized to do
business in the State of Wisconsin in the amount of $2,000,000 per
occurrence and a general aggregate limit of $5,000,000 covering injury,
death or destruction of property of any person other than the licensee.
(2)
Demolition
waste. No license shall be issued until the applicant has furnished
satisfactory proof that the applicant has in full force and effect
a general liability insurance policy in a company authorized to do
business in the State of Wisconsin in the amount of $1,000,000 per
occurrence and a general aggregate limit of $1,000,000 covering injury,
death or destruction of property of any person other than the licensee.
B.
Release
of liability. Any license applicant or holder shall, as an automatic
condition of applying for and maintaining any license under this article,
release, indemnify, save harmless and defend the City, its officers
and staff and any waste generators, depositors or customers within
the City of and from any and all liability or claims of liability,
arising out of such materials collected, or the collection operations
of the license holder, including subsequent or derivative environmental
claims.
[1]
Editor's Note: This ordinance provided that it shall take
effect 7-1-2009.
A.
Each vehicle used by a licensee for the collecting
of garbage shall first be issued a permit as approved by the Common
Council. The permit term shall coincide with that of the license under
which the vehicle is operated. Prior to issuance of any such permit,
the vehicle shall first be inspected and approved by the Street Superintendent
or his duly authorized representative.
B.
Application for a permit for a vehicle collecting
garbage shall be on a form prepared by the City Clerk-Treasurer. The
annual permit fee shall be as set forth in the fee schedule adopted
as part of the annual budget document. The permit shall not be transferable
between vehicles. The City Clerk-Treasurer shall provide the person
obtaining a permit with a printed or written permit containing a number
identical to the number of the permit on record in the office of the
City Clerk-Treasurer.
C.
Every vehicle used by a licensee for the collection
of demolition shall be issued a permit by the Common Council. The
permit term shall coincide with that of the license under which the
vehicle is operated. Prior to issuance of any such permit, the vehicle
shall first be inspected and approved by the Street Superintendent
or the duly authorized representative.
D.
Application for permit for vehicle collecting demolition
shall be on a form prepared by the City Clerk-Treasurer. The annual
permit fee shall be as set forth in the fee schedule adopted as part
of the annual budget document. The permit shall not be transferable
between vehicles. The City Clerk-Treasurer shall provide the person
obtaining a permit with a printed or written permit containing a number
identical to the number of the permit on record in the office of the
City Clerk-Treasurer.
E.
Vehicles used by licensed operators shall have painted
or otherwise securely affixed on both sides of the vehicle used the
name and address of the owner and the City garbage hauler license
and vehicle permit number, in letters and numbers not less than three
inches in height, in contrasting colors and ordinarily visible at
a distance of 50 feet. If such vehicle breaks down or otherwise becomes
mechanically immobilized, the temporary use of a substitute vehicle
not having a permit may be made only upon permit issued by the City
Clerk-Treasurer upon approval of the vehicle, in writing, by the Street
Superintendent or his duly authorized representative. Such temporary
permit shall be kept in the substitute vehicle and be readily available
upon request of the Street Superintendent or his duly authorized representative.
The temporary permit of any vehicle shall become void when the vehicle
for which it was substituted is again put into operation.
F.
The Street Superintendent or his duly authorized representative
may temporarily suspend any permit issued under this section for a
violation of any provision of this article for a period not exceeding
three days or may revoke such permit after an opportunity for hearing
before the Common Council upon 10 days' personal notice to the permittee.
[Amended 1-25-2000 by Ord. No. 00-3; 3-17-2008 by Ord. No.
08-08]
A.
Construction. All trucks or other vehicles used by
license holders shall be of appropriate construction in order to safely
and securely haul the type of material such that there will be no
leakage or inadvertent discharge or loss of material.
B.
Parking restrictions. No person shall park or cause
to be parked any vehicle used for collection herein for more than
one hour in any one location within the City, other than on lands
owned or leased by the license holder.
The accumulation or deposit of garbage, trash
or putrescible animal or vegetable matter in or upon any lot or land
or any public or private place within the City which causes the air
or environment to become noxious or offensive or to be in such a condition
as to promote the breeding of flies, mosquitoes or other insects or
to provide a habitat or breeding place for rodents or other animals
or which otherwise becomes injurious to the public health is prohibited
and declared to constitute a nuisance.
All stored manure from any animals shall be
kept only in flyproof and impervious containers which are kept and
maintained in good repair.
No person shall burn any garbage within the
City of Rice Lake. No person shall burn any trash in any receptacle
other than an incinerator which is approved by the Fire Department
or its designee based on its durability and suitability for use in
accordance with applicable governmental regulations and standards.
The terms of any contract from time to time
entered into by the City as a result of bidding for a garbage and
collection license under this article shall be incorporated by reference
and made an integral part of this article. The contract shall be subject
to the same penalties and enforcement provisions as any other section
of this article. Any conflict between the existing article and a contract
shall be resolved by using a common sense interpretation of the provisions
of both the article and contract and giving greater weight to the
more recently enacted section of either of the two documents.
[Amended 6-22-1999 by Ord. No. 99-9; 6-27-2000 by Ord. No.
00-8; 9-26-2000 by Ord. No. 00-17; 3-17-2008 by Ord. No. 08-08]
It is hereby determined and declared to be desirable
and necessary for the protection of the public health, safety and
welfare to remedy the release of organic and inorganic substances
from solid waste landfills once operated by the City as well as the
prospective alleviation of potential future environmental problems
and associated costs. Said releases could be potentially detrimental
to air and groundwater and, if allowed to concentrate, may be toxic,
combustible or explosive. In order to finance the environmental remediation
of such sites and for the other purposes stated, there shall be established
a surcharge upon all refuse collected within the City of Rice Lake.
A.
Definitions.
(1)
Residential: A "residential use" is that use of land
which contains a dwelling unit or units designed for permanent living
quarters, to include single-family dwellings, duplexes, and triplexes
only. All apartment buildings and other residential housing comprised
of four or more dwelling units shall be considered multiple-family
dwellings.
(2)
Commercial: A "commercial use" is that use of land
by commercial, retail, industrial, benevolent, nonprofit, charitable,
professional, service, institutional, and/or governmental facilities
and operations, but excluding single-family, two-family, and three-family
residential uses. This definition is limited to the applicability
of the environmental remediation surcharge only.
[Amended 6-24-2008 by Ord. No. 08-12]
B.
Residential. The per-month, per-residential-unit surcharge
on solid waste collection and disposal shall be as set forth in the
fee schedule adopted as part of the annual budget document and shall
be collected by either the City or the collector as the contract or
this section may provide.
C.
Commercial. The per cubic yard of container size used
per pickup of a commercial containerized account shall serve as the
basis on which to charge and collect the surcharge The amount of the
surcharge shall be as set forth in the fee schedule adopted as part
of the annual budget document. All fees for collection and disposal
of commercial and industrial waste shall be billed by the contracted
licensed hauler directly to the industrial or commercial user, which
bill shall include an itemization of hauling charges, disposal fees
and remediation surcharges. All such surcharges collected shall be
held in trust for the benefit of the City until remitted.
(1)
Payment schedule. The surcharge shall be paid on a
monthly basis with revenues for the prior month being due not later
than the 25th of the following month. The payment period shall commence
as of the effective date of the issuance of the license or any renewal
date.
(2)
Financial statement to be provided by licensee. Each
surcharge payment shall be accompanied by a financial statement showing
the total amount of the hauling charges, yardages, and surcharge collected
for the period covered by the surcharge payment. With each February
15 payment, the licensee shall furnish to the City review/report by
an independent certified public accountant, stating the total amount
of hauling charges, yardages, and surcharges collected for the preceding
calendar year. The City shall have the right to conduct an independent
audit of the grantee's records, and if such audit indicates a surcharge
underpayment of 5% or more, the grantee shall assume all reasonable
costs of such audit.
(3)
Delinquent payments. If any payment is not made as
required, interest on the amount due shall accrue from the date of
the required submittal at an annual rate of 12%. The grantee shall
pay an additional compensation to the City if the payment is late
by 45 days or more. Such additional compensation shall be an additional
6% per annum. Delinquent collection or remittance of surcharges to
the City shall be deemed just cause for termination of the hauling
license. The license holder is responsible for all costs of collection,
including attorneys' fees and costs.
(4)
Acceptance by City. No acceptance of any payment by
the City shall be construed as a release or as an accord and satisfaction
of any claim the City may have for further or additional sums payable
as a surcharge under this section or for the performance of any other
obligation of the licensee.
(5)
Alternative fee basis. In the event the surcharge
payment established under this section is ruled unconstitutional or
unenforceable, the City may impose and collect an equivalent charge
on any legally permissible basis.
[Amended 3-17-2008 by Ord. No. 08-08]
Any person who violates any of the provisions of this article shall be subject to the general penalty provisions of § 1-20 of this Code. An additional penalty may be the cancelation and loss of any license hereunder.
[Added 3-17-2008 by Ord. No. 08-08]
A.
License for collection of residential solid waste
is subject to, and limited to, the single contractor as selected and
contracted with from time to time by the Common Council.
B.
No license for commercial or industrial solid waste
collection shall be issued until after the expiration of the City’s
current contract for same expires July 1, 2008.
[Adopted as Title 8, Chapter 4 of the Code
of Ordinances]
[Amended 1-25-2000 by Ord. No. 00-3]
The purpose of this article is to promote recycling,
composting and resource recovery through the administration of an
effective recycling program, as provided in W.S.A. s. 287.11 and Chapter
NR 544 of the Wisconsin Administrative Code.
[Amended 1-25-2000 by Ord. No. 00-3]
This article is adopted as authorized under
W.S.A. s. 287.09(3)(b).
It is not intended by this article 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 article imposes greater restrictions, the provisions
of this article shall apply.
In their interpretation and application, the
provisions of this article 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 article may be inconsistent or conflicting, the more restrictive
requirements or interpretation shall apply. Where a provision of this
article is required by Wisconsin statutes or by a standard in Chapter
NR 544 of the Wisconsin Administrative Code and where the ordinance
provision is unclear, the provision shall be interpreted in light
of the Wisconsin statutes and the Chapter NR 544 standards in effect
on the date of the adoption of this article or in effect on the date
of the most recent text amendment to this article.
The requirements of this article apply to all
persons within the City of Rice Lake.
The provisions of this article shall be administered
by the City of Rice Lake.
As used in this article, the following terms
shall have the meanings indicated:
A container made primarily of a combination of steel and
aluminum.
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, refrigerator
or stove, furnace, water heater, dehumidifier, and residential and
commercial boilers. (Microwave ovens with the capacitor removed may
be disposed of as solid waste and are not subject to the provisions
of this article.)
[Amended 2-11-2003 by Ord. No. 03-2]
A property containing 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. This term does not include multiple-family
dwellings.
Plastic resins labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in W.S.A. s. 66.299(1)(a), 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 W.S.A. s. 291.01(7), waste
from construction and demolition of structures, scrap automobiles
or high-volume industrial waste, as defined in W.S.A. s. 289.01(17).
[Amended 1-25-2000 by Ord. No. 00-3]
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.
Include lead acid batteries, major appliances, waste oil,
yard 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, steel containers, waste
tires and bimetal containers.
The meaning specified in W.S.A. s. 289.01(33).[1]
The meaning specified in W.S.A. s. 289.01(35).[2]
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" 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.
Occupants of single-family and two-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from postconsumer waste:
The separation requirements of § 214-31 do not apply to the following:
A.
Occupants of multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 214-31 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 214-31 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.
Occupants of single-family and two-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil, yard
waste and tires as follows:
A.
Lead acid batteries shall be disposed of at commercial
vendors.
B.
Major appliances shall be disposed of at commercial
vendors or a recycling facility.
C.
Waste oil shall be disposed of at the city's street
shop or gas stations.
D.
Yard waste shall be disposed of at the city's licensed
garbage hauler.
E.
Tires shall be disposed of at commercial vendors.
Except as otherwise directed by the City of Rice Lake, occupants of single-family and two-unit residences shall do the following for the preparation and collection of the separated materials specified in § 214-31E through J:
A.
Aluminum containers shall be prepared as per the licensed
collector's rules.
B.
Bimetal containers shall be prepared as per the licensed
collector's rules.
C.
Glass containers shall be prepared as per the licensed
collector's rules.
D.
Newspaper shall be prepared as per the licensed collector's
rules.
E.
Rigid plastic containers known as SPI Code Nos. 1
and 2 shall be prepared and collected as per the licensed collector's
rules.
F.
Steel containers shall be prepared as per the licensed
collector's rules.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 214-31E through J:
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify tenants, in writing, at the time of renting
or leasing the dwelling and at least semiannually thereafter about
the established recycling program.
(3)
Provide for the collection of the materials separated
from the solid waste by the tenants and the delivery of the materials
to a recycling facility.
(4)
Notify tenants which materials are to be collected,
how to prepare the materials in order to meet the processing requirements,
collection methods or sites, locations and hours of operation and
a contact person or company, including a name, address and telephone
number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 214-31E through J from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 214-31E through J:
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify, in writing, at least semiannually all users,
tenants and occupants of the properties about the established recycling
program.
(3)
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.
(4)
Notify users, tenants and occupants which materials
are collected, how to prepare materials in order to meet the processing
requirements, collection methods or sites, locations and hours of
operation and a contact person or company, including a name, address
and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 214-31E through J from solid waste in as pure a form as is technically feasible.
[Amended 9-12-1994 by Ord. No. 786]
A.
For the purpose of ascertaining compliance with the
provisions of this article, any authorized officer, employee or representative
of the City of Rice Lake may inspect recyclable materials separated
for recycling, postconsumer 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 or employee or
authorized representative of the City of Rice Lake 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 City of Rice Lake to collect forfeitures.
The issuance of a citation shall not preclude proceedings 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.
