This chapter shall be known as the "Solid Waste and Recycling
Management Ordinance of the City of Oconto Falls," hereinafter referred
to as "this chapter."
Whereas § 287.13, Wis. Stats., requires compliance
with the various requirements related to landfills, incineration and
recycling, it is hereby declared to be the purpose and intent of this
chapter 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 and recycling materials in compliance
with Wisconsin law.
This chapter shall apply to all persons, entities and waste-generating
activities within the corporate limits of the City except multifamily
units five or more, commercial and industrial generators of solid
waste and recyclables that contract with a private collector/hauler.
For the purpose of this chapter, the following words and phrases
shall have the meanings given herein unless different meanings are
clearly indicated by the context:
BRUSH
Woody material such as branches, twigs, etc., longer than
18 inches in length originating from trees or shrubbery.
BUILDING DEBRIS or DEMOLITION WASTES
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 of buildings and improvements.
BULKY WASTE
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods. Bulky waste
may include white goods, furniture, appliances, scrap, building debris,
etc.
CENTER
The Solid Waste Transfer and Recycling Center operated by
the City of Oconto Falls for the drop off of solid wastes and recyclables
and presently located on Pioneer Drive.
COLLECTOR/HAULER
The contractor or entity chosen by the City to handle, transport,
and dispose of the community's solid waste, recyclables and nonrecyclables,
or the person or persons contracting with waste generators for these
services, who will enforce preparation standards for recyclable materials
as well as ensure community compliance with this chapter.
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, three-family and four-family
residential uses. This definition is limited to the applicability
of the curbside pickup of garbage and recycling.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping
containers and related products.
CURB
The back edge of curb and gutter along a paved street or
where one would be if the street or alley was paved and had curb and
gutter.
CURBSIDE COLLECTION
The pickup of solid waste or recyclables at that location
on a person's property bordering a public street or alley designated
by the City Administrator-Clerk/Treasurer or designee as a route of
the City's collector/hauler.
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 10%. The grantee shall pay an additional compensation to the
City if the payment is late by 45 days or more. 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.
DUMP
A land site where solid waste is disposed of in a manner
that does not protect the environment.
DUMPSTER
A large metal or plastic bin for refuse designed to be hoisted
onto a specially equipped truck for emptying or hauling away.
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 chapter.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
A.
Is designed for serving food or beverages;
B.
Consists of loose particles intended to fill space and cushion
the packaged article in a shipping container; or
C.
Consists of rigid materials shaped to hold and cushion the packaged
article in a shipping container.
GARBAGE
A constituent of solid waste.
GARBAGE AND RECYCLING BINS FOR CURBSIDE COLLECTION
Ninety-six-gallon garbage and recycling containers provided
for residential garbage and recycling curbside collection by City
or by private collector/hauler under contract with the City to all
qualified residential properties within the corporate limits of the
City of Oconto Falls.
HAZARDOUS/TOXIC WASTE
Any substance or combination of substances, including any
waste of a solid, semisolid, liquid or gaseous form, which may cause
or significantly contribute to any increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or which
may pose a substantial present or potential hazard to human health
or the environment because of its quantity, concentration or physical,
chemical or infectious characteristics. This term includes, but is
not limited to, substances which are toxic, corrosive, flammable,
irritants, strong sensitizes or explosive as determined by the Department
of Natural Resources.
INDUSTRIAL WASTE
A constituent of solid waste. Waste resulting from industrial
processes and operations.
LANDFILL
A land site where solid waste is disposed of in a manner
to provide protection for the environment, in accordance with state
regulations.
LITTER
Solid waste scattered about in a careless manner, usually
rubbish as defined herein and all other waste material which, if thrown
or deposited as herein prohibited, tends to create a danger to public
health, safety, and welfare.
MAGAZINES
Periodicals and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
MULTIFAMILY RESIDENTIAL
A building containing five or more residential units, including
those which are occupied seasonally.
NAUSEOUS AND/OR OFFENSIVE WASTES
Those wastes that are unwholesome or have an unpleasant smell
or are otherwise nauseous and/or offensive, such as manure, filth,
slops, carcasses, carrion, meat, fish, entrails, hides and hide scrapings,
paint, kerosene, oily or greasy substances, and objects that may cause
injury to any person or animal or damage to vehicles such as barbed
wire, briar thorns, or similar materials.
NEWSPAPER
A publication that is printed on newsprint and that is published,
printed or distributed, and includes shoppers guides which are printed
on newsprint.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of five or more dwelling units.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential
facilities and properties, such as printed white ledger and computer
printout but excluding industrial process waste.
PERSON
Includes any individual, corporation, organization, or association,
including condominium owner associations [as identified by § 703.15(1),
Wis. Stats.], a local governmental unit [as identified by § 66.0131(1)(a),
Wis. Stats.], a state agency or authority or a federal agency.
PETE
Polyethylene terephyhalate, labeled by the SPI code #1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that was used to contain a product
that was 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 Wis. Stats. § 144.61(5),
waste from construction and demolition of structures, scrap automobiles,
or high-volume industrial waste, as defined in Wis. Stats. § 144.44(7)(1).
PP
Polypropylene, labeled by the SPI code #5.
PS
Polystyrene, labeled by the SPI code #6.
PVC
Polyvinyl chloride, labeled by the SPI code #3.
QUALIFIED
Includes the following but is not limited to recyclable waste.
That portion of miscellaneous combustible and noncombustible waste
material resulting from residential and commercial activities that
can be recovered through processes to regain that material for human
use including, but not limited to, the following:
A.
Co-mingled containers. Glass bottles and jars which contain
a food or beverage product, aluminum beverage cans, plastic containers
made of polyethylene terephthalate (PET) or high-density polyethylene
(HDPE), and steel and bimetal cans which contained a food or beverage
product.
B.
Major appliances. Residential or commercial air conditioners,
clothes dryers, clothes washers, dishwashers, freezers, microwave
ovens, ovens, refrigerators, stoves, furnaces, boilers, dehumidifiers,
or water heaters.
C.
Paper. That portion of paper which remains in substantially
original condition at the time of disposal so that material is suitable
for commercial-grade recycling. The term "paper" does include the
paper commonly used in the production of newsprint, magazines, books,
and other physical media for written materials, cardboards, and other
container boards. Paper is not suitable for recycling purposes when
in a state which makes separation unreasonable or unduly expensive
because the paper has been put to another use, such as wrappings for
items that soiled the paper, thus rendering it unfit for commercial
recycling.
D.
Waste tire. A tire that is no longer suitable for its original
purpose because of wear, damage or defect.
E.
Newspaper, corrugated cardboard and magazines.
F.
Batteries: car, truck, motorcycle, and snowmobile.
G.
Appliances: stoves, refrigerators, washers, dryers, and water
heaters.
RECEPTACLES, PRIVATE AND PUBLIC
Public receptacles are litter containers which are placed
on City streets or fastened to poles and maintained by the City and
marked as litter receptacles.
RECYCLABLE MATERIALS
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 or multiple resins, steel containers,
waste tires, and bimetal containers.
REFUSE
A constituent of solid waste. Includes all putrescible and
nonputrescible solid wastes including ashes, street cleanings, dead
animals, and all other abandoned personal property and solid market
and industrial wastes.
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 five
or more dwelling units shall be considered multiple-family dwellings.
A.
The per-curbside garbage and recycling, per-residential-unit
surcharge on solid waste and recycling 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.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential
environment from residential dwelling units.
RESPONSIBLE PARTY
The person who caused a provision of this chapter to be violated
or the property owner of the property on which the violation occurred.
RUBBISH
A constituent of solid waste. Includes all nonputrescible
and solid wastes, both combustible and noncombustible, including,
but not limited to, circulars, leaflets, pamphlets, wrappers, handbills,
newspapers, and all and any other printed or nonprinted paper material,
cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass,
and other similar materials.
SCAVENGING
The uncontrolled and unauthorized removal of materials from
curbside collection points or the Center.
SOLID WASTE
A.
Has the meaning specified in § 144.01(15), Wis. Stats.
B.
Any garbage, refuse, sludge from a waste treatment plant, water
supply treatment plant or air pollution control facility and other
discarded or salvageable materials, including solid, liquid, semisolid,
or contained gaseous materials resulting from residential, industrial,
commercial, mining and agricultural operations and from community
activities, but does not include solids or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows,
or industrial discharges which are point sources subject to permits
under Ch. 283, Wis. Stats.
SOLID WASTE DISPOSAL OPERATION
The site, facility, operating practices, and maintenance
thereof for the utilization, processing, or final disposal of solid
waste including, but not limited to, sanitary landfill, incineration,
composting, reduction, shredding, compression, salvage, and resource
recovery.
STORAGE
The interim containment of solid waste or recyclables in
an approved manner after generation and prior to collection and ultimate
disposal.
STORAGE AREAS
Areas where persons place solid waste or recyclables during
noncollection days as well as areas where containers are set out on
collection day.
YARD WASTE
Grass trimming, grass raking, leaves, garden debris and shrubbery
cuttings less than 18 inches long and fruits and vegetables.
A.
The term "yard waste" does not include stumps, roots, or shrubs
with intact root balls.
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 provisions of §
413-15.
A. The owner and/or occupant of any premises shall be responsible for
proper and sanitary storage, separation and preparation of all solid
waste accumulated at that premises until collected by the collecting
and transporting service.
B. If waste stored on private property is not disposed of properly,
the City will notify property owner to dispose of waste. If proper
disposal is not made a citation will be issued and charge the property
owner the disposal and citation, penalties and fees for the time complete
the required disposal.
C. Residential waste. Waste materials shall be stored in a manner which
protects them from wind, rain, and other inclement weather conditions.
Residential waste shall be placed in a garbage cart and placed at
the curb a minimum of four feet from regular recycling waste for collection.
D. Recyclable waste. Recyclable materials shall be stored in a manner
which protects them from wind, rain, and other inclement weather conditions.
Recyclable wastes shall be placed in a recycling cart and placed at
the curb a minimum of four feet from regular solid waste for collection.
Recyclable waste collection dates shall be established by the City.
E. Items too large or otherwise unsuitable for storage containers shall
be stored in a nuisance-free manner consistent with regulations established
by the Director of Public Works. City residents may request a blue
sticker from City hall to dispose of large items at City Recycle Center
during operations hours, the cost for disposal of items according
to the fee schedule. Town residents with agreement with the City that
have red stickers may utilize the recycle center; they are prohibited
from large item or garbage disposal.
F. All solid waste placed out for collection becomes City property upon
being collected.
G. Garbage, recycling, or refuse containers shall be stored during the
time period between collection days in the following locations:
(1) Curbside carts shall not be stored within 15 feet of the public right-of-way.
(2) Curbside carts shall not be stored on any street side or alongside
of a building unless the cart is completely screened from view of
an observer located at the public right-of-way.
(3) Curbside carts shall be stored in the backyard, garage, or any other
convenient discreet location.
(4) All curbside carts must be stored with the lids completely closed.
(5) Curbside carts shall not be stored near a furnace, grill or any other
heat source.
H. There shall be no variance from this section without the prior approval
of the City therefor. Any garbage, recycling, yard waste, or refuse
container stored in violation of this chapter, irrespective of the
provisions of this section, shall be subject to the following:
(1) The City shall have the authority to order that any exterior storage
of garbage, recyclables, or refuse be enclosed in a structure if,
in their determination, the storage of such garbage, recyclables,
or refuse is unsanitary or creates or tends to create a nuisance to
public health or safety.
(2) In determining whether an exterior storage structure shall be required
under this section, the City shall take into account the location
of the waste storage, its proximity to residential areas, the likelihood
of human exposure or contact with the waste storage areas, and the
type of waste being stored. These considerations are to be deemed
illustrative and not exclusive.
(3) All structures ordered under this section shall be at least three-sided
and constructed of opaque materials sufficient to ensure the waste
is concealed from view from the exterior of the three sides. The walls
of the structure shall be of a height equal to one foot taller than
the garbage or refuse receptacle, but in no event in excess of six
feet in height, and shall be maintained in a neat and orderly manner.
(4) Any person aggrieved by such an order by the City to enclose said
waste containers shall have the opportunity to bring such order to
the City Administrator for its review within 30 days of the issuance
of the order.
All operations of the City of Oconto Falls shall be bound by
and shall comply with the provisions of this chapter.
The provisions of this chapter are the minimum requirements
and shall not be deemed a limitation or repeal of any other power
granted by Wisconsin Statutes or pertinent Oconto County ordinance
in their interpretation and application.
If the owner, occupant, or lessee of any premises neglects or refuses to clean up and remove from such premises all solid waste when so ordered by the City, such owner, occupant, or lessee shall be liable to maximum penalty as provided by §
413-15C. If such accumulation occurs on any street, alley, or public thoroughfare, such solid waste may be collected under the direction of the Street Department, and the entire cost thereof shall be assessed against the abutting property. If said cost is not paid within 30 days, it will be added to the taxes as a lien on the property according to Wis. Stats. § 66.0627.
A. Administration and enforcement shall be the responsibility of Street
Department employees and the Police Department to enforce this chapter.
The Chief of Police shall give attention throughout the City of any
violation of this chapter and promptly report to the Director of Public
Works in writing every violation within the City which comes to their
knowledge.
(1) Items not specifically covered in this chapter shall be handled by
the City Administrator-Clerk/Treasurer or designee based upon common
municipal practices. If the Street Department decision is not acceptable
to the property owner, the Street Department and the City Administrator-Clerk/Treasurer
shall review complaints as requested and make a determination.
B. Collector/hauler compliance. Any collector/hauler which provides service to the City of Oconto Falls shall comply with City Code §
365-10 to ensure all containers and loads transport garbage, rubbish, trash or waste material of any kind or description upon any street, alley, or public way of any kind within the limits of the City of Oconto Falls without providing adequate coverage for containers or loads so transported, it being the specific purpose of this section to prevent the littering of the public streets, alleys, sidewalks or public ways in any manner. Shall comply with all Wisconsin Statutes and Administrative Codes or be subject to statutory and municipal penalties for any violation.
C. Penalty. Any person who violates any provision of this chapter, or
any regulations promulgated pursuant to this chapter, shall forfeit
upon conviction thereof not less than $50 nor more than $1,000 for
each separate offense, and each day or part thereof during which a
violation occurs, or continues to occur, shall be deemed a separate
offense. All forfeitures shall be double the listed amount if the
violation involves hazardous waste as defined by Chapter NR 187, Wisconsin
Administrative Code (including all amendments existing or subsequently
adopted thereto) and § 291.01(7), Wis. Stats.
(1) Graduated enforcement shall be used as follows:
(a)
First offense (within a year): forfeiture of not less than $50
nor more than $100 together with the cost of prosecution and cost
of disposal (if applicable).
(b)
Second offense (within a year): forfeiture of not less than
$100 nor more than $150 together with cost of prosecution and cost
of disposal (if applicable).
(c)
Third offense (within a year): forfeiture of not less than $150
nor more than $1,000 together with the cost of prosecution and cost
of disposal (if applicable).
(2) Graduated enforcement may be waived for gross intentional violations.
The amount of forfeiture will double for subsequent violations after
the third offense.
The purpose of this chapter is to promote recycling, composting
and resource recovery through the administration of an effective recycling
program, as provided in § 287.11, Wis. Stats., and Chapter
NR 544 of the Wisconsin Administrative Code.
This chapter is adopted as authorized under § 287.09(3)(b),
Wis. Stats., and Chapter NR 544 of the Wisconsin Administrative Code.
It is not intended by this chapter 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 chapter imposes greater restrictions, the provisions
of this chapter shall apply.
In their interpretation and application, the provisions of this
chapter 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 chapter
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this chapter 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 chapter or in effect on the date of the most
recent text amendment to this chapter.
The requirements of this chapter apply to all persons within
the City of Oconto Falls.
The provisions of this chapter shall be administered by the
Administrator of the City of Oconto Falls.