[HISTORY: Adopted by the Common Council of the City of Waterloo 7-2-2009 by Ord. No.
2009-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous substances — See Ch. 215.
Nuisances — See Ch. 261.
Property maintenance — See Ch. 288.
[1]
Editor's Note: This ordinance also repealed former Ch. 317,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:
A.
All single-family, duplex, three- and four-unit residential units
must be enrolled in the City-provided contract garbage, refuse and
recycling program.
B.
Multifamily residential units with five units or more may enroll
in the City-provided garbage, refuse and recycling program.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
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.
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.
DEMOLITION WASTESIncludes rocks, stones, brick, concrete, blacktop, timbers, stumps and such other similar items as determined by the Director of Public Works to be demolition materials.
BUILDING/CONSTRUCTION WASTESIncludes lumber, insulation, plaster, drywall, paneling, shingles, windows, doors, plumbing materials, electrical materials and such other materials determined by the Director of Public Works to be building and/or construction materials.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
A place of habitation occupied by a 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.
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.
Reasonable efforts to adhere to the policies, standards and
rules of this mandatory source-separation recycling program.
Those wastes or substances defined thusly in Chapter NR 181
of the Wisconsin Administrative Code (including all amendments provided
thereto)[1] as provided therein pursuant to § 144.61(s),
Wis. Stats.,[2] 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.
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.
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.
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."
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.
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.
Matter printed on newsprint, including daily or weekly publications
and advertising materials but excluding glossy paper, magazines, catalogs
or similar materials.
All items of waste not recyclable, except hazardous waste
or hazardous substances.
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of five or more dwelling units.
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.
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.;[3] state agency or authority; or federal agency, and includes
the plural as well as the singular.
Polyethylene terephthalate, labeled by the SPI code #1.
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject of retail sale.
Polypropylene, labeled by the SPI code #5.
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.
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").
Collection services provided by a person licensed to do same
by the DNR.
Dead animals, drums, gas tanks, hazardous wastes and other
items prohibited by law or ordinance.
Polystyrene, labeled by the SPI code #6.
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.
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.
All solid waste that normally originates in a residential
environment from residential dwelling units.
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.
A recycling collection method where paper fiber and containers
are mixed together in a collection container and into a truck.
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.[6]
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.
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection day.
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.
For collection purposes, rubber tires from automobiles and
light trucks which are removed from rims.
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.
[1]
Editor's Note: This chapter of the Administrative Code does
not exist. For a definition of "hazardous waste" see § NR
661.03.
[2]
Editor's Note: This section was renumbered by 1995 Act 227,
§§ 649 to 655. See now § 291.01, Wis. Stats.
[3]
Editor's Note: This section was renumbered by 1999 Act 150,
§§ 346 and 347. See now § 66.0131(1)(a),
Wis. Stats.
[4]
Editor's Note: This section was renumbered by 1995 Act 227,
§§ 649 to 655. See now § 291.01(7), Wis.
Stats.
[5]
Editor's Note: This section was renumbered by 1995 Act 227,
§§ 540 to 583. See now § 289.01(17), Wis.
Stats.
[6]
Editor's Note: This section was repealed by 1995 Act 227,
§ 369.
A.
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.
B.
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.
C.
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.[1] No person shall use the special collection provisions
of this chapter to circumvent requirements for collection by a private
firm.
[1]
Editor's Note: Subsection (16) of § 66.60, Wis.
Stats., was repealed by 1999 Act 150, §§ 525 to 535.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
A.
Lead-acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines.
K.
Newspaper.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and
other resins or multiple-resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 317-18 do not apply to the following:
A.
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.
B.
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.
C.
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.,[1] or § NR 544.14, Wis. Adm. Code.
[1]
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.
A.
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.
(1)
Aluminum containers shall be empty, clean and free of all contaminants.
(2)
Bimetal containers shall be empty and clean with labels removed.
(3)
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.
(4)
Foam polystyrene packaging shall be rinsed free of product residue
and placed into the co-mingled material recycle cart.
(5)
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.
(6)
Magazines shall be dry and placed into the recycle cart.
(7)
Newspaper shall be dry, free of paper not normally included in the
newspaper, and not sunburned or contaminated or damaged by water.
(8)
Office paper shall be clean and dry, collected from nonresidential
properties only.
(9)
Rigid plastic containers shall be prepared and collected as follows:
(a)
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.
(b)
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.
(10)
Steel containers shall be clean and empty, with labels removed,
and placed into the recycle cart for collection.
B.
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.
(1)
Containers.
(a)
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.
(b)
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.
(2)
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Disposal of yard wastes.
(1)
No yard wastes shall be disposed of through regular City refuse collection.
(2)
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]
(3)
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.
(4)
Only items which are readily compostable shall be placed into areas
designated for yard wastes as defined herein.
(5)
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:
A.
Provide adequate, separate containers for the recyclable materials.
B.
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Private dumps. It is unlawful for any person to use or operate a
dump located within City limits.
J.
Burning of waste. It is unlawful for any person to burn solid waste
in any manner, except as provided elsewhere in this Code.
K.
Feeding of food waste to animals. It is unlawful for any person to
engage in the feeding of food waste to animals for commercial purposes.
L.
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:
(1)
Hazardous wastes.
(2)
Toxic wastes.
(3)
Chemicals.
(4)
Explosives or ammunition (waste ammunition shall be brought to the
Police Department).
(5)
Drain or waste oil of flammable liquids.
(6)
Any quantities of oil-based paint.
(7)
Vehicle batteries.
(8)
Waste tires.
(9)
Other items prohibited from collection with regular refuse by this
chapter or other rules and laws pertaining to solid wastes.
M.
Animal wastes. Animal wastes shall be disposed of in sealed plastic
bags or in other sealed, disposable containers.
N.
Household sharp medical waste.
(1)
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).
(2)
No container for household sharp medical waste or loose household
sharp medical waste may be mixed with recyclables or refuse.
O.
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.
A.
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.
B.
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.
C.
Penalties for violating this article may be assessed as follows:
(1)
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.
D.
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.
