[HISTORY: Adopted by the Common Council of the City of Rice Lake as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Handbills — See Ch. 131.
Health and sanitation — See Ch. 135.
Parks — See Ch. 170.
Junk dealers — See Ch. 173.
Peace and good order — See Ch. 177.
Pollution — See Ch. 182.
Property maintenance — See Ch. 189.
[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:
BULKY WASTE
Items whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
COLLECTION
The act of removing solid waste from the storage area at the source of generation.
COMMERCIAL WASTE
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]
CURB
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.
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.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DUMP
A land site where solid waste is disposed of in a manner that does not protect the environment.
DWELLING UNIT
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.
GARBAGE
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.
HAZARDOUS WASTE
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.
INDUSTRIAL WASTE
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]
LITTER
Solid waste scattered about in a careless manner.
MIXED-PURPOSE UNIT
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]
PRIVATE COLLECTION SERVICES
Collection services provided by a person or entity so licensed.
[Amended 6-24-2008 by Ord. No. 08-12]
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNIT
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.
SCAVENGING
The uncontrolled removal of material at any point in solid waste management.
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.
SPECIAL HAUL ITEM
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.
STORAGE
The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
STORAGE AREA
Areas where persons place containers during noncollection days as well as areas where containers are set out on collection day.
YARD WASTE
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.
L. 
Noncollectable materials. It shall be unlawful for any person to place for collection any of the following wastes:
(1) 
Hazardous waste.
(2) 
Toxic waste.
(3) 
Chemicals.
(4) 
Explosives or ammunition.
(5) 
Drain or waste oil or flammable liquids.
(6) 
Tires.
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]
[1]
Editor's Note: See Ch. 173, Junk and Secondhand Dealers.
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.
[Amended 3-17-2008 by Ord. No. 08-08; 4-28-2009 by Ord. No. 09-05[1]]
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.
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.
As used in this article, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container made primarily of a combination of steel and aluminum.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
MAJOR APPLIANCE
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]
MULTIPLE-FAMILY DWELLING
A property containing three or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI Code No. 7.
PERSON
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.
PETE
Polyethylene terephthalate, labeled by the SPI Code No. 1.
PLASTIC CONTAINER
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.
POSTCONSUMER WASTE
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]
PP
Polypropylene, labeled by the SPI Code No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
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.
SOLID WASTE
The meaning specified in W.S.A. s. 289.01(33).[1]
SOLID WASTE FACILITY
The meaning specified in W.S.A. s. 289.01(35).[2]
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Occupants of single-family and two-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer waste:
A. 
Lead acid batteries.
B. 
Major appliances.
C. 
Waste oil.
D. 
Yard waste.
E. 
Aluminum containers.
F. 
Bimetal containers.
G. 
Glass containers.
H. 
Newspaper.
I. 
Rigid plastic containers labeled with SPI Code Nos. 1 and 2.
J. 
Steel containers.
K. 
Waste tires.
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.
C. 
A recyclable material specified in § 214-31 for which a variance has been granted by the Department of Natural Resources under W.S.A. s. 287.11(2m) or Section NR 544.14 of the Wisconsin Administrative Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 214-31E through K which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
[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.
C. 
Penalties for violating this article may be assessed as follows:
(1) 
Any person who violates § 214-38 may be required to forfeit $50 for a first violation, $200 for a second violation and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article except § 214-38 may be required to forfeit not less than $10 nor more than $1,000 for each violation.