[Adopted 5-26-1998 by Ord. No. 860 (Title
8, Chapter 3 of the Code of Ordinances)]
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.
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.
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.
[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.
[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.
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]
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.
[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:
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.
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).
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.
Occupants of single-family and two-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from postconsumer waste:
I. Rigid plastic containers labeled with SPI Code Nos.
1 and 2.
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.
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.
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.