[HISTORY: Adopted by the Common Council of the City of Waterloo 7-2-2009 by Ord. No. 2009-12. Amendments noted where applicable.]
Hazardous substances — See Ch. 215.
Nuisances — See Ch. 261.
Property maintenance — See Ch. 288.
Editor's Note: This ordinance also repealed former Ch. 317, Solid Waste, adopted 10-19-1987 by Ord. No. 87-6 as §§ 11.07, 11.08 and 11.15 of the 1987 Code, as amended.
This chapter shall be known as the "Solid Waste Management Ordinance of the City," hereinafter referred to as "ordinance" or "chapter."
The purpose of this chapter is to provide for the pickup and disposal of garbage and refuse and 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, Wisconsin Administrative Code.
This ordinance is adopted as authorized under § 287.09(2), Wis. Stats., and codified in this chapter. It is adopted as authorized under § 287.09(2) and (3)(b), Wis. Stats.
It is not intended by this ordinance codified in 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 apply.
In their interpretation and application, the provisions of this ordinance codified in 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 Ch. 287, Wis. Stats., Chapters NR 542, 544 and 549, Wisconsin Administrative Code, and where the chapter 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 ordinance codified in this chapter apply to all persons within the City, to include all single-family residences, multifamily residences, commercial/business enterprises, institutional enterprises, agricultural enterprises and governmental facilities within the following conditions:
All single-family, duplex, three- and four-unit residential units must be enrolled in the City-provided contract garbage, refuse and recycling program.
Multifamily residential units with five units or more may enroll in the City-provided garbage, refuse and recycling program.
Commercial, business, institutional, agricultural and mixed-use enterprises (i.e., commercial and residential in one structure or campus) may enroll in the City-provided garbage, refuse and recycling program if the entity generates no more refuse than a normal residential unit, defined as one ninety-gallon container a week of solid waste and one recycling container per collection period.
All enterprises identified in Subsections B and C above which are enrolled in the City program on December 31, 2008, will automatically be enrolled in the City program upon the effective date of the adoption of this chapter. These enterprises may disenroll from the program, provided that each enterprise notifies the City in writing at least 30 calendar days in advance of the requested termination date. Enterprises not enrolled may become enrolled in the City-provided program by notifying the City in writing at least 30 days prior to the first desired pickup.
All enterprises not enrolled in the City program shall comply with all applicable regulation of this chapter.
Solid waste management within the City is under the direction of the Director of Public Works. The Director of Public Works or his or her designated agents shall be responsible for the administrative management of this chapter and enforcement, in coordination with the Police Department, of those aspects of the chapter relating to the protection of the public health, safety and welfare and protection of the environment.
Solid waste management system. Except as herein noted, the Director of Public Works shall provide for a solid waste management system consistent with this chapter considering problems with storage, collection, transportation, processing, separation, recovery and disposal of the solid waste generated in the City. The Director of Public Works may, after proper notice and consultation with the Public Works Committee, revise collection districts, days of collection, routing of collections and other matters consistent with providing for a well-run, efficient solid waste management system.
Inspections. In order to ensure compliance with the laws of this state and rules and regulations authorized herein, the Director of Public Works is authorized to inspect at reasonable times all phases of solid waste management within the authority of the City.
Notices. In all instances where such inspections reveal violations of this chapter and regulations authorized herein, or the laws of this state, the Director of Public Works 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 Director of Public Works 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.
Promulgation of regulations. The Director of Public Works shall prepare regulations, standards and schedules as necessary to make effective all provisions of this ordinance codified in this chapter. Periodically, upon a schedule adopted by the municipality, the Director of Public Works shall prepare notices and distribute other information to persons and entities generating waste within the City for the purpose of informing the public about the requirements dictated by this mandatory source-separation and waste ordinance.
The provisions of this ordinance codified in this chapter are effective upon passage and publication of this chapter.
For the purposes of this chapter, the following words and phrases shall have the meanings given herein unless different meanings are clearly indicated by the context:
- AGRICULTURAL ESTABLISHMENT
- An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
- BULKY WASTE and OVERSIZE WASTE
- Large items such as furniture, mattresses, carpeting, construction or demolition materials of substantial dimensions, brush, yard waste and other large items whose proportions are not easily reduced.
- The act of removing solid waste from the storage area at the source of generation.
- The contractor(s) or entity(ies) chosen by the City Council 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, and will enforce preparation standards for recyclable materials as well as ensure community compliance with this source-separation recycling program.
- The mixing of recyclables into one container.
- CORRUGATED CARDBOARD
- Heavy-duty Kraft paper packaging material with a corrugated medium between two flat paper liners, and does not include paperboard such as for cereal or laundry detergent boxes or holders for six-packs or twelve-packs of beverage cans or bottles.
- 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.
- The orderly process of discarding useless or unwanted material.
- The Wisconsin Department of Natural Resources.
- A land site where solid waste is disposed of in a manner that does not protect the environment.
- DWELLING UNIT
- A place of habitation occupied by a 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:
- The portion of solid waste consisting of the discarded materials resulting from the handling, processing, storage and consumption of food, including the wrappings wasted along with such materials.
- Glass bottles, jars and containers and does not include window glass, drinking glasses, Pyrex, light bulbs or other noncontainer glass.
- GOOD FAITH
- Reasonable efforts to adhere to the policies, standards and rules of this mandatory source-separation recycling program.
- HAZARDOUS WASTE or HAZARDOUS SUBSTANCE
- Those wastes or substances defined thusly in Chapter NR 181 of the Wisconsin Administrative Code (including all amendments provided thereto) as provided therein pursuant to § 144.61(s), Wis. Stats., or other acts pursuant to authority vested in the Wisconsin Department of Natural Resources to describe and list material thusly, and also it includes in the meaning of "hazardous waste" or "hazardous substance" as described supra those solid wastes or substances found in household waste [notwithstanding the household waste exclusion provided in § NR 181.12(4)(a), Wis. Adm. Code].
- High density polyethylene, labeled by the SPI code #2.
- HOUSEHOLD SHARP MEDICAL WASTE
- Any type of residential solid waste capable of puncturing or lacerating the skin that was originally designed or used to treat, diagnose or prevent disease or medical conditions, including but not limited to scalpels and hypodermic needles.
- Low density polyethylene, labeled by the SPI code #4.
- LEAD-ACID BATTERIES
- Automotive and related batteries that are comprised of lead plates with an acid electrolyte, and does not include nickel-cadmium batteries, dry cell (flashlight) batteries or batteries used in calculators, watches, hearing aids or similar devices.
- Solid waste scattered about in a careless manner, usually rubbish.
- Magazines 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, stove, water heater, dehumidifiers, furnaces, boilers or any other item commonly referred to as a "white good."
- METAL CANS
- Tin-coated steel cans, bimetal cans and aluminum cans used for food and other nonhazardous materials but excluding aerosol cans and cans that held paint, paint-related products, pesticides or other toxic or hazardous substances.
- MULTIFAMILY DWELLING
- A residential dwelling place intended to be the residence of five or more independent family units (see also "nonresidential unit").
- A city, village or town located wholly or partly within the boundaries of Jefferson County, and shall mean specifically the City where appropriate in the context of its use.
- NEWSPAPERS or NEWSPRINT
- Matter printed on newsprint, including daily or weekly publications and advertising materials but excluding glossy paper, magazines, catalogs or similar materials.
- NONRECYCLABLE MATERIAL
- All items of waste not recyclable, except hazardous waste or hazardous substances.
- 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.
- NONRESIDENTIAL UNIT
- An agricultural, commercial, industrial or institutional establishment or multifamily building with five or more dwelling units. Churches; schools; day-care centers; fraternal, veterans, religious, charitable, patriotic or philanthropic organizations; nursing homes; home occupations; and farming and garden operations are considered nonresidential units under this definition.
- OFFICE PAPER
- High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
- Any individual; corporation; organization; association; local governmental unit, as defined in § 66.299(1)(a), Wis. Stats.; state agency or authority; or federal agency, and includes the plural as well as the singular.
- Polyethylene terephthalate, labeled by the SPI code #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 retail sale.
- POSTCONSUMER WASTE
- Solid waste other than solid waste generated in the production of goods; hazardous waste, as defined in § 144.61(5), Wis. Stats.; waste from construction and demolition of structures; scrap automobiles; or high-volume industrial waste, as defined in § 144.44(7)(a)1, Wis. Stats.
- Polypropylene, labeled by the SPI code #5.
- PREPARATION STANDARDS
- Criteria provided establishing acceptable good-faith limits for introduction of materials into the source-separation recycling program involving either transport to a material recycling center or temporary storage of such materials.
- PRIVATE COLLECTION CONTRACT
- A person or firm licensed by the DNR and under agreement with the City to provide refuse collection services, or, when appropriate to the context of its use, a person or firm providing private collection services (see also "private collection services").
- PRIVATE COLLECTION SERVICES
- Collection services provided by a person licensed to do same by the DNR.
- PROHIBITED WASTES
- Dead animals, drums, gas tanks, hazardous wastes and other items prohibited by law or ordinance.
- Polystyrene, labeled by the SPI code #6.
- PUBLIC WORKS DIRECTOR
- The duly qualified and appointed person who is responsible for the administrative management of this chapter and is responsible for the enforcement of those aspects of this chapter related to the protection of the health, safety and welfare, and the environment of the City, or his or her designee.
- Polyvinyl chloride, labeled by the SPI code #3.
- RECYCLABLE MATERIALS
- Includes 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.
- The reuse or reprocessing of solid waste commodities so as to save energy and/or landfill space and/or other disposal costs.
- Combustible and noncombustible materials, including but not limited to paper products, wood, metal, glass, cloth and products thereof in unrecoverable condition; litter and street rubbish not including yard waste; uncontaminated ashes; and building materials such as wood, concrete, glass, plaster and other intermixed materials produced in construction or demolition of structures. Refuse, for purposes of this chapter, shall not include oversize or bulky waste.
- For the purposes of this chapter, a bona fide occupant of a residential unit as defined in "residential unit" located within the corporate limits of the City of Waterloo.
- RESIDENTIAL SOLID WASTE
- All solid waste that normally originates in a residential environment from residential dwelling units.
- RESIDENTIAL UNIT
- A single-family home, duplex or a residential building with four or less dwelling units or a condominium dwelling unit in a residential building where 2/3 or more of the condominium dwelling units in the residential building have individuals who reside in, and own, their respective condominium unit. This definition does not apply to condominium buildings with a common entrance.
- The portion of solid waste consisting of food scraps, rags, cloth, leather, rubber and other combustibles and metals, certain glass, ceramics, porcelain, crockery and other such noncombustibles which are not defined as recyclable material.
- The unauthorized removal of materials at any point in solid waste management.
- SINGLE STREAM
- A recycling collection method where paper fiber and containers are mixed together in a collection container and into a truck.
- SOLID WASTE
- Garbage, recyclable material, 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. Solid waste is further specified in § 144.01(15), Wis. Stats.
- SOLID WASTE MANAGEMENT
- The purposeful, systematic administration of activities which control the generation, storage, collection, transport, separation, processing, recovery and disposal of solid waste.
- Safe, environmentally sound, short-term containment of materials, and for recyclables shall involve preserving materials in a condition meeting preparation standards.
- STORAGE AREAS
- Areas where persons place containers during noncollection days as well as areas where containers are set out on collection day.
- USED MOTOR OIL
- Any contaminated petroleum-derived or synthetic oil, including but not limited to the following: engine and other mechanical lubricants; hydraulic and transmission fluid; metalworking fluid; and insulating fluid or coolant.
- WASTE TIRES
- For collection purposes, rubber tires from automobiles and light trucks which are removed from rims.
- YARD WASTES
- Leaves, grass clippings, yard and garden debris, including clean woody vegetative material no greater than six inches in diameter and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls.
Editor's Note: This chapter of the Administrative Code does not exist. For a definition of "hazardous waste" see § NR 661.03.
Editor's Note: This section was renumbered by 1995 Act 227, §§ 649 to 655. See now § 291.01, Wis. Stats.
Editor's Note: This section was renumbered by 1999 Act 150, §§ 346 and 347. See now § 66.0131(1)(a), Wis. Stats.
Editor's Note: This section was renumbered by 1995 Act 227, §§ 649 to 655. See now § 291.01(7), Wis. Stats.
Editor's Note: This section was renumbered by 1995 Act 227, §§ 540 to 583. See now § 289.01(17), Wis. Stats.
Editor's Note: This section was repealed by 1995 Act 227, § 369.
For those persons enrolled in the City-provided contract garbage, refuse and recycling program, the City shall cause the collection of solid waste on a timely basis. Solid waste shall be accessible to collection crews. Solid waste in approved containers, as specified in § 317-15, shall be placed immediately behind the curb of the public street for collection. Yard and bulky wastes from residential units shall likewise be placed in a neat, sanitary and 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 or occupant shall either shovel out an area behind the curb in which to place wastes or shall place it in the driveway. Residential units shall bring their solid waste to the public right-of-way for collection. Should collection crews be unable to discharge content of automated collection carts into collection vehicles using normal handling procedures, the cans, including contents, shall be left at curbside. The property owner is responsible for properly storing the container with the remaining contents until the next regularly scheduled pickup. The owner shall make provisions to assure that the solid waste therein can be collected on the next collection day.
Those persons not enrolled in the City-provided contract garbage, refuse and recycling program shall not receive City-authorized solid waste collection. Owners and/or occupants of all nonenrolled properties shall arrange for the collection of refuse and recyclables with private collection firms in accordance with all applicable provisions of this chapter for the time and frequency of refuse collection, the storage of wastes, separation of recyclable materials, containers and bulky wastes.
Privately contracted collection services. All solid waste generated in the City of Waterloo shall be collected by refuse hauling entities licensed by the State of Wisconsin Department of Natural Resources.
If any person, including those receiving collection from a private contracted firm, is found in violation of the collection and storage requirements of this chapter and fails to comply with a notification and/or citation, the Director of Public Works 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 pursuant to § 66.60(16), Wis. Stats. No person shall use the special collection provisions of this chapter to circumvent requirements for collection by a private firm.
Editor's Note: Subsection (16) of § 66.60, Wis. Stats., was repealed by 1999 Act 150, §§ 525 to 535.
For those persons enrolled in the City-provided contract garbage, refuse and recycling program, refuse placed out for collection in automated collection carts shall be collected once per week. All recycling materials placed out in automated collection carts will be collected biweekly. All collections shall be made between the hours of 7:00 a.m. and 7:00 p.m. Collection carts for City collection shall be set out for collection not earlier than 12:00 noon of the day before the collection day and shall be removed not later than 12 hours after collection is made.
For those persons not enrolled in the City-provided program, garbage and refuse collection shall be collected at sufficient intervals to protect the environment. Garbage and refuse collection services by a private firm shall take place at a minimum of once per week with provisions to maintain weekly collection when a holiday falls on the normal collection day. Collections shall occur between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 noon on Saturday.
Persons enrolled in the City-provided contract garbage, refuse and recycling program shall use City-provided automated recycling collection carts in ninety-five-gallon or sixty-five-gallon sizes for collection except as herein provided for bulky wastes, noncontainerized wastes or a container requirement waiver granted by the Director of Public Works due to physical disability or frailty.
The occupants and/or owners of all properties not enrolled in the City-provided contract garbage, refuse and recycling program shall provide a sufficient number of approved containers for the storage of solid waste which they generate and shall place all solid waste therein, except as herein provided for bulky waste and noncontainerized wastes.
Storage areas. Storage areas shall be kept in a nuisance-free and odor-free condition. Litter shall not be allowed to accumulate. Collection crews will not be required to clean up loose materials from any containers which have become ruptured, tipped over, damaged due to wind or improper weight distribution 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 the area, with continued violation resulting in the owner being prosecuted under the provisions of this chapter and other City ordinances.
Suitable containers. The City shall provide solid waste and recycling collection carts to be used by those enrolled in the City-provided contract garbage, refuse and recycling program. Containers of a type approved by the Public Works Director shall be provided to store all garbage and refuse materials except for bulky or certain yard wastes as provided for herein. They shall be maintained by the person disposing solid waste in a nuisance-free and odor-free condition.
Approved containers for persons not enrolled in the City-provided program. Bulk storage containers shall be sized to accommodate all regularly generated weekly solid waste. Bulk storage containers shall be watertight (but may have cleanout drain plugs), constructed of a heavy-gauge metal or other durable material impervious to animals, capable of being emptied without hazard and equipped with doors or covers that are tight fitting. Such containers shall be maintained in a regularly cleaned, sanitary condition.
Defective containers, City-provided program. The solid waste collection cart and the recycle material cart are owned by the City. Routine repairs to these carts will be conducted at no expense to the resident. The City will seek reimbursement for excessive damage to collection cart property which makes the cart unsuitable for collection. The property owner/resident will pay for the cost of additional carts. The residential owner will be responsible for carts lost or damaged, or for service startup if not a new home.
Illegal containers. Any container other than the City-authorized collection cart shall be noncomplying. These containers shall not be emptied regardless of contents or weight. If the container continues to remain, the owner shall be requested to make other collection arrangements.
Container positioning, City-provided program. Collection carts for refuse and recycling shall be placed within seven feet of the face of the street curb. The cart shall be placed with the printed direction arrows on the lid of the cart toward the street. A clear area four feet away from other objects is needed to facilitate grabbing of the collection cart by the collection truck. A smaller clear area surrounding the carts may be authorized by the Director of Public Works on a case-by-case basis. Cart containers shall not be placed on top of snow banks, placed within the street or gutter area or set on a sidewalk or bike path. Sealed plastic bags placed next to the cart container will be accepted for disposal of additional waste. When not positioned for waste collection pickup, property owners are responsible for storing containers in an area on their private property. Storage of containers is not permitted in the front of properties if unscreened.
Disposal of demolition and building/construction wastes shall be the responsibility of the person generating such wastes.
The Director of Public Works shall provide for the necessary equipment and personnel to remove dead animals within the City right-of-way and shall schedule collection to provide pickup with a minimum of delay. This section shall not apply to dead animals, or parts thereof, from any commercial or agricultural activity within the City.
All persons shall separate the following materials from postconsumer waste:
Corrugated paper or other container board.
Foam polystyrene packaging.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple-resins.
The separation requirements of § 317-18 do not apply to the following:
All persons not enrolled in the City-provided program that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 317-18 from solid waste in as pure a form as is technically feasible.
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
A recyclable material specified in § 317-18E through O for which a variance has been granted by the Department of Natural Resources under § 159.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
Editor's Note: This section was renumbered by 1995 Act 227, §§ 893 to 896. See now § 287.11(2m), Wis. Stats.
To the greatest extent practicable, the recyclable materials separated in accordance with § 317-18 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.
Separation and collection of recyclable materials. Except as otherwise directed by the Director of Public Works, all persons enrolled in the City-provided contract garbage, refuse and recycling program shall do the following for the preparation and collection of the separated materials specified in § 317-18. All listed materials shall be co-mingled or single-streamed into the recycle collection cart.
Aluminum containers shall be empty, clean and free of all contaminants.
Bimetal containers shall be empty and clean with labels removed.
Corrugated cardboard shall be dry, flattened, empty and free of food debris and other contaminating material, reduced to a maximum size which will fit into the recycle cart.
Foam polystyrene packaging shall be rinsed free of product residue and placed into the co-mingled material recycle cart.
Glass containers shall be empty, clean and free of contaminants such as window glass, metal caps and rings, drinking glasses, Pyrex, ceramics and similar material and placed into the recycle cart.
Magazines shall be dry and placed into the recycle cart.
Newspaper shall be dry, free of paper not normally included in the newspaper, and not sunburned or contaminated or damaged by water.
Office paper shall be clean and dry, collected from nonresidential properties only.
Rigid plastic containers shall be prepared and collected as follows:
Plastic containers made of PETE and HDPE, including milk, detergent, shampoo and soda bottles, shall be rinsed thoroughly clean and caps, lids and neck rings removed, and placed into the recycle cart.
Plastic containers made of LDPE, PP or PS, other bottles, prescription containers, etc., shall be collected beginning in 1995, rinsed free of product residue, with caps removed, and placed into the recycle cart.
Steel containers shall be clean and empty, with labels removed, and placed into the recycle cart for collection.
Separation and handling of recyclable materials. All recyclable materials shall be separated from other solid waste. Recyclable materials placed at the curbside for collection shall be placed in a recycling cart distributed by the City for transport and processing as provided herein. Recyclable materials shall meet preparation standards and persons shall make good-faith efforts to ensure recyclables and recycling containers are well-drained and reasonably clean. All recyclable materials must be placed into the recycling cart; materials outside of the cart will not be collected.
Containers for recyclable materials shall have a serial number recorded to the residential address it serves. Residents are encouraged to place their address on the cart with a permanent marker.
Container placement for collection. The recyclable material cart shall be positioned within seven feet of the curb on collection day no sooner than 24 hours prior to scheduled collection day. The arrows on the lid shall be pointed toward the street. The container shall be apart from refuse materials and located away from parked cars and not set into the street.
Furthermore, additional preparation standards may be provided by notice to generators of waste and collectors/haulers or by amendment to this subsection and/or when other materials become recyclable depending upon available economic markets.
Persons enrolled in the City-provided program shall dispose of these items as follows:
Lead-acid batteries shall be placed at curbside, separated from solid waste, for collection by the City's contractor. Car, truck and other automotive batteries only shall be accepted. Battery casings must be unbroken.
Major appliances shall be placed at curbside, separated from solid waste, for collection by the City's contractor. Appliances shall be upright and empty and doors removed from refrigerators and freezers. Residents must make arrangements with the City's contractor for collection of all appliances. Those not enrolled in the City-provided program must arrange for private collections through a qualified scrap metal hauler.
Waste oil shall be placed at curbside and separated from solid waste. Common engine oil only shall be accepted. No antifreeze or hazardous material shall be accepted. The waste oil must be in leakproof, nonbreakable containers of one-gallon maximum size.
Cooking grease from residential properties enrolled in the program shall be placed at the curbside in a sealed container in a solid or liquid form. Alternately, grease in liquid form can be disposed of after being absorbed into wood shavings, cat litter or a similar absorbing compound and presented for pickup in a sealed container.
Waste tires from automobiles and light trucks, separated from the rim, shall be placed at the curbside and separated from solid waste for collection by the City's contractor.
Disposal of yard wastes.
No yard wastes shall be disposed of through regular City refuse collection.
It shall be the responsibility of every City resident and property owner to take steps to dispose of their accumulated yard wastes through on-site use, composting or through other lawful means. The City shall provide a yard waste drop-off location designated by the Public Works Director for the purposes of recycling and composting. Grass clippings, leaves, and leafy materials may be transported to the yard waste disposal site by City residents and deposited in the designated areas. Broken concrete materials, rocks, and blacktop materials, not to exceed one cubic yard in aggregate, may be transported by City residents and deposited in the designated area. The drop-off location shall be open to use by the public during hours established by the Public Works Director.
[Amended 12-17-2020 by Ord. No. 2020-06]
The Director of Public Works is authorized to conduct special curbside collections of yard wastes at such times of the year as determined by the Director of Public Works.
Only items which are readily compostable shall be placed into areas designated for yard wastes as defined herein.
Waste tires from automobiles and light trucks, separated from the rim, shall be placed at the curbside and separated from solid waste for collection by the City's contractor.
Those enrolled in the City-provided program shall be billed for disposal at an amount per month subject to periodic adjustment by resolution of the Council.
Owners or designated agents not enrolled in the City-provided program shall do all of the following to recycle the materials specified in § 317-18:
Provide adequate, separate containers for the recyclable materials.
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
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.
Notify tenants of reasons to reduce and recycle solid waste, which materials are 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.
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 § 317-18 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
Storage and disposal responsibility. Persons receiving City collection services shall be individually responsible for scheduling the collection of bulky wastes with the municipal solid waste hauler at no expense. All bulky wastes shall be stored within the residence or on the premises and shall be collected during the hours established in § 317-13.
Private collection. Owners and/or occupants of properties not enrolled in the City-provided program having bulky wastes shall notify their privately contracted collection firm of the bulky wastes and arrange for disposal. Applicable requirements of this chapter shall be complied with in the storage, collection and disposal of the bulky wastes.
Limitations to bulk waste collections. Bulk waste collections from residential units shall not exceed 500 pounds per collection occurrence. Demolition materials must be from work performed by the resident of the unit and which will not generate in excess of 500 pounds for the project. Materials must be placed out for collection in conformance with this chapter.
In the absence of a written agreement between the City and a vendor, title to the solid waste placed for collection by the City shall be vested in the City as soon as it is placed at the curb for collection.
Dead animals. It is unlawful to place any dead animal, or part thereof, in a container for collection; provided, however, that this section shall not apply to animal parts from food preparation for human consumption.
Undrained food wastes. It is unlawful to place any garbage or other food wastes in a container for collection unless it is first drained and wrapped.
Ashes. It is 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 collections.
Improper placement. It is unlawful to place, or allow to be placed, any solid waste upon the road, streets, public or private property within this municipality contrary to the provisions of this chapter.
Compliance with chapter. It is 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 chapter.
Improper transportation. It is 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 wastes 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.
Interference with authorized collector. No person other than an authorized collector shall collect or interfere with any garbage or recyclable after it shall have been put into a receptacle and deposited in the proper place for the collector, nor shall any unauthorized person hinder, delay or in any manner interfere with an authorized garbage collector in the discharge of his or her duties.
Scavenging. Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection. All recyclable materials placed for collection pursuant to this chapter shall thereupon become the property of the municipality, or the municipality's authorized agent, or a private collector/hauler that persons in the municipality have contracted to perform functions pursuant to the recycling plan provided in this chapter. Only persons authorized by the municipality or the generator of waste shall collect or handle recyclable materials once those materials have been placed appropriately for collection. Any and each collection by unauthorized persons in violation of this provision shall constitute a separate and distinct offense punishable as provided hereinafter.
Private dumps. It is unlawful for any person to use or operate a dump located within City limits.
Burning of waste. It is unlawful for any person to burn solid waste in any manner, except as provided elsewhere in this Code.
Feeding of food waste to animals. It is unlawful for any person to engage in the feeding of food waste to animals for commercial purposes.
Prohibited waste. It is unlawful for any person to place in a collection cart for regular refuse or recycling collection any of the following wastes:
Explosives or ammunition (waste ammunition shall be brought to the Police Department).
Drain or waste oil of flammable liquids.
Any quantities of oil-based paint.
Other items prohibited from collection with regular refuse by this chapter or other rules and laws pertaining to solid wastes.
Animal wastes. Animal wastes shall be disposed of in sealed plastic bags or in other sealed, disposable containers.
Household sharp medical waste.
It is unlawful for any person to dispose of any household sharp medical waste by any other means except such waste being brought to an approved authorized handler of such wastes (i.e., clinic, pharmacy, hospital).
No container for household sharp medical waste or loose household sharp medical waste may be mixed with recyclables or refuse.
Improper deposit. No person shall deposit or cause to be deposited any refuse in a private refuse collection dumpster without the express consent of the co-owner or authorized user.
It is unlawful for any person, firm or corporation to place, deposit or cause to be deposited, for collection, any waste or refuse not generated within the corporate limits of the City.
For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the City 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, employee or authorized representative of the City who requests access for the purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
Any person who violates a provision of this chapter may be issued a citation by a City police officer to collect forfeitures. The issuance of a citation shall not preclude proceeding 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.
Penalties for violating this article may be assessed as follows:
Any person who violates provisions of this chapter may be subject to a forfeiture of $50 for a first violation, $200 for a second violation and not more than $2,000 for a third or subsequent violation.
Each incident of violation shall be a separate offense, and each day or part thereof during which a violation occurs shall be deemed a separate offense.