[HISTORY: Adopted by the Common Council of
the City of Oconto Falls 3-13-2001 by Ord. No. 01-002 (Ch. 56); amended in
its entirety 12-13-2022 by Ord. No. 22-002. Subsequent amendments
noted where applicable.]
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:
Woody material such as branches, twigs, etc., longer than
18 inches in length originating from trees or shrubbery.
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.
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.
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.
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.
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.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
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.
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.
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.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
A large metal or plastic bin for refuse designed to be hoisted
onto a specially equipped truck for emptying or hauling away.
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.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
A constituent of solid waste.
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.
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.
A constituent of solid waste. Waste resulting from industrial
processes and operations.
A land site where solid waste is disposed of in a manner
to provide protection for the environment, in accordance with state
regulations.
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.
Periodicals and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
Waste resulting from manufacturing processes and operations.
A building containing five or more residential units, including
those which are occupied seasonally.
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.
A publication that is printed on newsprint and that is published,
printed or distributed, and includes shoppers guides which are printed
on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties, excluding multiple-family dwellings.
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of five or more dwelling units.
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.
Plastic resins labeled by the SPI code #7.
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.
Polyethylene terephyhalate, labeled by the SPI code #1.
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.
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).
Polypropylene, labeled by the SPI code #5.
Polystyrene, labeled by the SPI code #6.
Polyvinyl chloride, labeled by the SPI code #3.
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:
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.
Major appliances. Residential or commercial air conditioners,
clothes dryers, clothes washers, dishwashers, freezers, microwave
ovens, ovens, refrigerators, stoves, furnaces, boilers, dehumidifiers,
or water heaters.
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.
Waste tire. A tire that is no longer suitable for its original
purpose because of wear, damage or defect.
Newspaper, corrugated cardboard and magazines.
Batteries: car, truck, motorcycle, and snowmobile.
Appliances: stoves, refrigerators, washers, dryers, and water
heaters.
Used motor oil.
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.
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.
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.
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.
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.
All solid waste that normally originates in a residential
environment from residential dwelling units.
The person who caused a provision of this chapter to be violated
or the property owner of the property on which the violation occurred.
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.
The uncontrolled and unauthorized removal of materials from
curbside collection points or the Center.
Has the meaning specified in § 144.01(15), Wis. Stats.
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.
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.
The interim containment of solid waste or recyclables in
an approved manner after generation and prior to collection and ultimate
disposal.
Areas where persons place solid waste or recyclables during
noncollection days as well as areas where containers are set out on
collection day.
Any person who creates solid waste or recyclables.
Grass trimming, grass raking, leaves, garden debris and shrubbery
cuttings less than 18 inches long and fruits and vegetables.
The term "yard waste" does not include stumps, roots, or shrubs
with intact root balls.
A.Â
Curbside collection. Curbside solid waste and recyclable collection
service will be provided by City personnel or by private collector/hauler
under contract with the City to all qualified residential, multifamily
residential properties, within the corporate limits of the City of
Oconto Falls.
B.Â
Residential waste collection shall be provided once per week for
a maximum of one ninety-six-gallon container per residential property
or residential dwelling unit, whichever is greater. The garbage cart
must be one which was purchased from the City or contracted provider.
All refuse must fit inside the garbage cart with the lid fully closed.
Residential waste placed outside the garbage cart will not be collected.
C.Â
Recyclable waste collection to include co-mingled containers and
paper shall be collected by the City or contracted collector for all
residential properties, up to and including four dwelling units, provided
such waste is properly separated, handled, prepared, contained, stored,
and located in conformance with this chapter and rules and regulations
established and publicized by the City Administrator or designee.
(1)Â
Recycling is mandatory, and residents will be required to comply
with recycling regulations. Curbside recycling waste collection shall
be provided once every two weeks to each household. The recycling
curbside cart must be one which was purchased from the City or contracted
provider. Recycling waste shall be placed out for collection separate
from other residential waste on the regular collection day. All recycling
waste must fit inside the recycling cart with the lid fully closed.
Recycling waste placed outside the recycling cart will not be collected.
D.Â
Separation of recyclable waste.
(1)Â
The following recyclable materials from single-family and two- to
six-unit residences, multifamily dwellings and nonresidential facilities
and properties shall be separated from other solid waste:
(a)Â
Lead acid batteries.
(b)Â
Major appliances.
(c)Â
Waste oil.
(d)Â
Yard waste.
(e)Â
Aluminum containers.
(f)Â
Bi-metal containers.
(g)Â
Corrugated paper or other container board.
(h)Â
Foam polystyrene packaging.
(i)Â
Glass containers.
(j)Â
Magazines.
(k)Â
Newspapers.
(l)Â
Office paper.
(m)Â
Rigid plastic containers made of PETE and HDPE.
(n)Â
Rigid plastic containers made of PVC, LDPE, PP, PS and other
resins, or multiple resins.
(o)Â
Steel containers.
(p)Â
Tires.
(q)Â
Electronic waste or E-waste.
(2)Â
Separation requirements exempted. The separation requirements of Subsection D(1) of this section do not apply to the following:
(a)Â
Occupants of single-family and two- to six-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their solid waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection D(1) of this section from solid waste in as pure a form as is technically feasible.
(b)Â
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
solid waste burned as supplemental fuel.
(c)Â
A recyclable waste item specified in Subsection D(1)(a) through (o) of this section for which a variance has been granted by the Department of Natural Resources under Wis. Stats. § 287.11(2m) or Wis. Admin. Code § NR 544.14.
[1]Â
Qualified single-family and multifamily dwellings up to four
units and qualified commercial-utilizing City-provided curbside collection
services shall prepare and place for pickup all solid waste and recyclables
as required by this chapter.
[2]Â
Curbside collection is intended only for nonbulky solid waste
and recyclables, including garbage, refuse, generated on the premises.
Brush may be placed at curbside in accordance with the limitations
specified in this chapter.
E.Â
Responsibilities of owners or designated agents of nonresidential
facilities or properties not receiving solid waste collection services
from the City.
(1)Â
Unqualified properties. Owners and occupants of five units or more
multifamily dwellings, commercial and industrial properties not qualifying
for curbside collection services shall be required to separate recyclable
materials, as defined and required herein, from all other solid waste
and shall be additionally required to make arrangements for the disposal
and/or collection of the same by a private collector/hauler at no
cost to the City.
(2)Â
A requirement that the occupants of single-family residences, buildings
containing two or more dwelling units and commercial, retail, industrial
and governmental facilities in the region separate the materials identified
in § 287.07(3) and (4), Wis. Stats., from postconsumer waste
generated in the region.
(a)Â
Whereas § 287.11, Wis. Stats. Effective recycling
programs. Tenant notification required. Owners of all single-family
and multifamily dwelling units shall notify all tenants upon moving
in, and on an annual basis thereafter, of the City, county and state
recycling requirements.
(3)Â
A requirement that owners of buildings containing five or more dwelling
units in the region do all of the following:
(b)Â
Notify tenants at the time of renting or leasing the dwelling
and semiannually thereafter of the programs under this subsection
and Subsection B(2).
(c)Â
Provide for the collection of recyclable materials separated
from solid waste by the tenants and the delivery of the recyclable
materials to a recycling facility.
F.Â
Commercial and industrial properties. Whereas § 287.11,
Wis. Stats. Effective recycling programs.
(1)Â
Commercial and industrial users that generate 10 or more bags of
waste per week shall contract with a private collector/hauler. The
user will enter into an agreement with the private collector/hauler
for the rental or purchase of the dumpster, the collection, hauling,
and disposal or landfilling of the solid waste. All fees will be established
in the agreement and billed to the user by the private collector/hauler.
(2)Â
The City shall in no way be responsible for the cost incurred by
the owners and/or operators of commercial, industrial, or unqualified
multifamily residential properties for the collection and/or disposal
of solid waste by private collectors/haulers. These generators of
solid waste and recyclables shall be solely responsible for the costs
incurred in meeting the requirements of this chapter.
A.Â
Recyclables prohibited from solid waste. Recyclables for residential
curbside pickup shall be placed in recycle bins; commercial, industrial
and multifamily shall contract recyclable items, as defined in this
chapter, which are prohibited from being commingled in regular garbage
bags and/or garbage bins, solid waste dumpsters and must be handled
separately and in compliance with this chapter. If for any reason
curbside recycling pickups are interrupted or discontinued, qualified
properties are required to dispose of recyclables at the Center.
(1)Â
Preparation.
(a)Â
Residential waste including miscellaneous refuse may be mixed
and placed in a common container. Yard waste and recyclables are prohibited
from being mixed with other waste.
(b)Â
Residential or commercial refuse and garbage shall be wrapped,
packaged, and/or bundled and drained of any liquid.
(c)Â
Recyclable material such as glass, plastic bottles, tin, paper,
cardboard and aluminum cans shall be co-mingled and placed in one
container.
(d)Â
To the greatest extent practicable, the recyclable materials
separated from solid waste shall be clean and kept free of contaminants
such as food, product residue, oil or grease, or other nonrecyclable
materials.
(e)Â
Branches, limbs, and cuttings from trees shall be cut in three-foot
to eight-foot lengths and must be at least 1/2 inch in diameter when
set out for collection. No brush will be picked up by the City when
generated from vacant property or new building construction or from
any contracted job. If said brush is not disposed of properly by the
owner or contractor, the City will dispose of it and charge the property
owner the actual cost.
B.Â
Approved garbage and recycle bins. No solid waste shall be placed
for pickup by municipal collectors/haulers or disposed of at the Center
except within approved solid waste containers.
(1)Â
Garbage and refuse containers. Curbside ninety-six-gallon carts,
garbage and refuse.
(a)Â
The cost of all garbage curbside carts provided by the City
shall be at a charge established by resolution. One curbside cart
shall be provided to each property with a maximum capacity of 96 gallons.
All curbside carts must be purchased from the City or contracted provider.
(b)Â
All curbside carts for the storage of solid waste shall be maintained
in such a manner as to prevent the creation of a nuisance to public
health and safety.
(c)Â
Any curbside cart deemed defective or otherwise inadequate by
the City or contracted provider shall be replaced within two weeks'
time following notification by the City. The cost of the replacement
is the responsibility of the property owner.
(d)Â
Any defective curbside cart not replaced subsequent to the notification
shall result in the issuance of a citation.
(2)Â
Recycling containers. Curbside ninety-six-gallon cart, recycling.
(a)Â
The cost of all curbside recycling carts provided by the City
shall be at a charge established by resolution. A minimum of one recycle
bin is required at each residential unit. Not to exceed four bins
at four-unit multifamily building. All curbside recycling carts must
be purchased from the City or by contracted provider.
(b)Â
All curbside recycling carts for the storage of recyclable waste
shall be maintained in such a manner as to prevent the creation of
a nuisance to public health and safety.
(c)Â
Any curbside recycling cart deemed defective or otherwise inadequate
by the City shall be replaced within two weeks' time following
notification by the City.
(d)Â
Any defective curbside cart not replaced subsequent to the notification
shall result in the issuance of a citation.
[1]Â
Containers. Other containers for industrial, commercial, and
multifamily residential units (such as dumpsters) may be used with
the express approval of the City Administrator-Clerk/Treasurer or
designee.
[a]Â
The user of the container (dumpster) may enter
into an agreement with a private contractor for the rental or purchase
of the container (dumpster). Garbage to be disposed of into the dumpster,
or separately, must be placed in a clear or translucent solid waste
bag. The user will enter into an agreement with the private contractor
to collect, haul, and dispose of the solid waste, and all fees will
be established in the agreement and billed to the user by the private
contractor.
[b]Â
All containers (dumpsters) utilized in the City
for solid waste collection, except for bulky materials, shall contain
covers that will only be opened when solid waste is being dumped into
the container.
[c]Â
All containers (dumpsters) utilized in the City
for solid waste collection shall be emptied regularly and before the
solid waste within them becomes a nuisance, creates odors, or becomes
a breeding ground for insects and rodents.
(3)Â
Illegal containers. Containers not approved consist of metal barrels and drums, wooden or cardboard barrels, wheelbarrows and other such containers not approved by this chapter. These containers will not be emptied regardless of contents or weight. The collector/hauler shall not be obligated to pick up any solid waste, garbage, recyclables, rubbish or trash in open boxes or paper bags. The responsible party will be required to prepare and/or dispose of solid waste placed in illegal containers in accordance with § 413-5B of this chapter.
C.Â
Preparation standards for solid waste.
(1)Â
Weight. No solid waste bag shall exceed 35 pounds in weight.
(2)Â
Materials deposited in solid waste bags. Solid waste shall be prepared
for collection by draining and/or wrapping waste and placing it in
approved solid waste bags. Garbage, rubbish and trash shall only be
collected in approved solid waste bags, and the collector/hauler or
City employee shall not be obligated to pick up any refuse or trash
not in approved solid waste bags. Liquid garbage shall not be deposited
in such bags. Kitchen garbage shall be drained of all moisture and
completely wrapped in paper or plastic before it is placed or deposited
in garbage bags.
(3)Â
Ashes. Cold, completely extinguished ashes may be left for collection
in approved solid waste bags.
(4)Â
Brush. Brush limbs must be piled with all cut ends facing in one
direction (preferably directed to the public right-of-way). Tree limbs
must be five inches in diameter or less. Tree branch clumps must be
cut narrow enough to go through an eighteen-inch clipper chute. Leaves
and grass clippings placed in closed garbage containers must be taken
to a City compost area for disposal. All brush and limbs harvested
by professional landscape companies, arborists and/or foresters, not
under contract to the City, shall be disposed of by those practitioners.
The City will not collect brush cut or harvested by practicing landscapers,
arborists, or foresters not employed by, or under contract to, the
City. The property owner shall be responsible for making arrangements
for the disposal of brush and limbs accumulated in this manner with
the property owner's contractor. The City shall charge for all
brush removal requiring an excess of 15 minutes of municipal staff
time at rates established from time to time by the Common Council.
The 15 minutes of disposal time shall be cumulative, biweekly for
all lots and property having common ownership. The City Administrator-Clerk/Treasurer
or designee shall keep track of the staff time incurred for brush
chipping for each property and shall issue invoices for brush disposal
time. Any brush disposal bill remaining outstanding and unpaid on
November 1 of each year shall be placed on the tax bill of the property(ies)
as a special assessment.
D.Â
Preparation standards for recyclables.
(1)Â
Acceptable recyclable materials shall be prepared in accordance with
the standards established from time to time by the Oconto County Recycling
Program.
(2)Â
Bulky materials, white goods, appliances, furniture, etc., cannot
be placed at the curb until arrangements have been made with the City
Administrator-Clerk/Treasurer or designee. Bulky materials, white
goods, furniture, etc., may be taken to the Center.
(3)Â
Refrigeration units and air conditioners will only be picked up and
allowed at the Center when chlorofluorocarbon (CFC or Freon) refrigerants
have been properly removed by an individual in compliance with Wisconsin
Statutes and Chapter NR 488, Wisconsin Administrative Code.
(4)Â
All refrigerators and freezers shall have the doors removed and/or
door latches rendered inoperable prior to disposal.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
All solid waste placed out for collection becomes City property upon
being collected.
G.Â
Garbage, recycling, or refuse containers shall be stored during the
time period between collection days in the following locations:
(1)Â
Curbside carts shall not be stored within 15 feet of the public right-of-way.
(2)Â
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)Â
Curbside carts shall be stored in the backyard, garage, or any other
convenient discreet location.
(4)Â
All curbside carts must be stored with the lids completely closed.
(5)Â
Curbside carts shall not be stored near a furnace, grill or any other
heat source.
H.Â
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)Â
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)Â
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)Â
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)Â
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.
A.Â
Solid waste and recyclables: Curbside solid waste and recycling shall
be collected from single-family residences, and on-street small businesses,
provided such waste is properly handled, prepared, contained, stored
and located in conformance with this chapter and the rules and administrative
regulations established by the City Administrator.
(1)Â
Solid waste and recycling shall not be collected by the City from
industrial properties, commercial business properties, or multiple-family
premises with five units or more.
(2)Â
No person, unless granted a permit from the City allowing for the
collection and removal of solid waste, or unless a City employee acting
under the direction of the City Administrator, shall collect or remove
any solid waste which has been deposited or placed by any person on
the parkway or alleyway adjoining such person's premises for
collection by the City. For purposes of this section, recyclable material
deposited upon the parkway or alleyway for collection by the City
shall be considered solid waste and shall be the sole property of
the City.
(3)Â
Placement for collection: Private alley collections. City/contracted
provider collection vehicles must be able to enter and leave the private
property while proceeding in a forward motion; the private driveways
or streets are of an adequate width to safely accommodate City/contracted
provider collection vehicles and the solid waste is placed out for
collection in an open area readily accessible for collection.
(a)Â
Shall be prepared for placement as described in this chapter.
(b)Â
Shall be placed in a manner that is accessible to collection
crews.
(c)Â
Placed in a manner that jeopardizes the health and safety of
the collector shall not be picked up by collection crews.
(d)Â
Shall be placed immediately back of curb of the public street
for collection. Yard wastes shall be taken in neat, orderly fashion
to the City's compost pile located at the Recycling Center. Leaves
are not to be raked past the back of curb during fall leaf pickup.
(4)Â
During the weekdays, the City crew will remove brush that is placed
at the back of curb. All brush, wood, or woody debris under six-inch
diameter and 18 inch in length placed at the back of the curb shall
be included in pickup. Brush shall not be placed in the traveled portion
of any street, alley or public way. In no circumstance is brush to
be placed in a manner that obstructs the public sidewalk.
B.Â
Restriction on time of placement.
(1)Â
Solid waste. All solid waste shall be placed in approved bags at
the back of curb by 6:00 a.m. on the day of collection but shall not
be placed out more than 12 hours before collection day and shall be
removed not more than 12 hours after collection day. Solid waste for
collection shall be placed along the curbline immediately adjacent
to the property which has generated the solid waste. Failure to comply
may result in the issuance of a citation.
(2)Â
Recyclables.
(a)Â
Recycling stored in recycling containers shall not be bagged.
Plastic bags shall not be placed into recycling containers for recycling.
(b)Â
Recyclables. All recyclables shall be placed at curbside by
6:00 a.m. on the day of but shall not be placed out more than 12 hours
before collection day and shall be removed not more than 12 hours
after collection day. Solid waste for collection shall be placed along
the curbline immediately adjacent to the property which has generated
the solid waste. Failure to comply may result in the issuance of a
citation.
(3)Â
Removal. All solid waste and recyclables that are not picked up are
regarded to be in violation of this chapter. Solid waste and recyclables
tagged in violation of this chapter shall be removed from the curbside
collection point within 12 hours after the regular collection time.
C.Â
Litter control. The individual placing solid waste and/or recyclables
at curbside shall be responsible for ensuring that the placement of
such materials does not become a public nuisance. The individual placing
solid waste and/or recyclables at curbside shall be responsible for
removal of materials not picked up and the cleanup and disposal of
litter resulting from such placement caused by any reason, including
but not limited to overloaded solid waste bags, animals, wind, vandals,
etc. Should the person placing the material at curbside decline from
resolving the nuisance, the property owner shall resolve the nuisance.
D.Â
Collection schedule.
(1)Â
Designation of collection days. The designation of the day or days
of curbside solid waste and recycling collection shall be made by
the City Administrator-Clerk/Treasurer or designee, and such information
shall be advertised so that all occupants, tenants and proprietors
of all residential units will be advised of the correct collection
schedule. Unless hardship is shown, caused by extreme weather conditions
or other hazardous situations, solid waste and recyclables shall be
collected from all qualified properties.
(2)Â
Notification. The occupant, tenant or proprietor of a new residential
unit shall notify the City administrative offices that collection
of solid waste and recyclables from such place is required.
E.Â
Spring cleanup.
(1)Â
The City will provide for a special collection of solid waste each
spring. Residents can bring designated items to the Recycling Center
for disposal. There is no curbside pickup except for bagged leaves.
(2)Â
The collection will be scheduled by the City Administrator-Clerk/Treasurer
or designee to fit into employee schedules while meeting the needs
of City residents. The collection will be undertaken in such a manner
as to minimize overtime.
F.Â
Collection and disposal of refuse other than by City. Refuse which
is not collected by the City, its agents, employees or collectors/haulers
under contract with the City may be collected and disposed of by private
collector/haulers. All vehicles used to transport solid waste and
recyclables shall be provided with equipment to prevent solid waste
and recyclables from blowing out of, falling from, or otherwise escaping
from such vehicle. All collectors/haulers shall comply with all applicable
rules and regulations established by the Common Council, committee
thereof, and Wisconsin law.
A.Â
Operation and hours.
(1)Â
The City shall operate the Solid Waste Transfer and Recycling Center
(Center) for the benefit and convenience of the residents, property
owners and businesses located within the City of Oconto Falls who
shall be permitted the use of the Center in compliance with the rules
established and amended from time to time for the use and operation
of the Center.
(2)Â
Hours of the operation of the Center shall be as established and
revised from time to time by the Common Council.
(3)Â
The Center shall be made available to all residents, property owners,
and businesses of the City of Oconto Falls.
B.Â
Establishment of Center rules and fees.
(1)Â
Rules. Rules for the operation of the Center shall be established
and amended from time to time by the Common Council.
(2)Â
Whereas § 66.06, Wis. Stats., Lien of Recycling Fees. Fees.
Fees may be imposed for the pickup and/or disposal of selected items
of solid waste and recyclables as established from time to time by
the Common Council and/or county.
(a)Â
The cost of solid waste and recyclables disposal and associated
cost will be added to annual property tax billing.
(3)Â
Any recycling fee which remains unpaid is a lien on the property
against which it is levied or made on behalf of the responsible unit
or person charging the recycling fee, from the date of the charge,
to the same extent as a lien for a tax levied upon real property.
C.Â
Violation of Center rules. Violators of the rules of the Center will be fined in accordance with § 413-15C. Attendants shall enforce the rules for the operation of the Center as established by the Common Council. The attendant shall record and log the vehicle license number of all violators of the rules and shall immediately communicate such information to the Police Department for follow-up.
D.Â
Use of approved bags required.
(1)Â
Household solid waste. All household solid waste disposed of at the
Center shall be in approved solid waste bags. Center attendants shall
prohibit the disposal of household solid waste at the Center in other
than approved bags.
(2)Â
Bulky waste. Bulky solid waste may be deposited at the Center without
the use of approved bags at the discretion of the City Administrator-Clerk/Treasurer
or designee.
E.Â
Unlawful use of Center. It shall be unlawful to:
(1)Â
Dispose of any solid waste, recyclables, refuse, garbage, oil, metal
or tires at the Center contrary to this chapter, county ordinances
and state statutes.
(2)Â
Deposit any solid waste, recyclables, refuse, garbage, oil, metal
or tires at times other than the official operating hours of the Center
or outside of the gates or fence of the Center.
(3)Â
Scavenge at the Center. Recyclables deposited at the Center are,
by agreement between the City and county, property of Oconto County.
It shall be unlawful for any person or municipal employee to scavenge
any materials from the Center. Any employee scavenging from the Center
shall be subject to immediate discharge.
A.Â
Proper disposal of solid waste. No person shall deposit throw, place,
or leave any litter, solid waste, household, commercial, or industrial
waste, brush, bulky waste, demolition debris, refuse, garbage, recyclables,
or garbage of any kind whatsoever on upon any street, court, lane,
alley, business, square, public enclosure, vacant lot, house yard,
body of water, or any public place, public lands, lawns, terraces,
dumpsters, or refuse containers in or on any residential, commercial,
industrial, or public property without the permission of the owner
or lessee of said property except in a container herein required.
(1)Â
For the purpose of this section, the deposit of incidental litter
within appropriate receptacles on public streets and in parks and
public buildings and facilities shall be exempt from the prohibitions
listed. This exemption does not permit waste receptacles along public
streets or within public parks, buildings or facilities to be utilized
for the deposit of household, commercial or industrial solid waste
or recyclables.
(2)Â
No person shall upset or turn over the contents of any waste containers
in any street, alley, and other public place. No person shall remove
any waste from containers on private premises without the consent
of occupant, owner, or lessee of the premises, and no person shall
remove any waste from a container which has been set out on a public
right-of-way for collection. No person shall remove any waste from
public trash receptacles placed on public property.
B.Â
Unlawful activities.
(1)Â
Dead animals. It shall be unlawful to place any dead animal, or parts
thereof, in a container for collection; provided, however, that this
subsection shall not apply to animal parts from food preparation for
human consumption.
(2)Â
Undrained food waste. It shall be unlawful to place any garbage or
other food waste in a container for collection unless it is first
drained and wrapped.
(3)Â
Ashes. It shall be unlawful to place hot ashes for collection.
(4)Â
Improper placement. It shall be unlawful to place, or allow to be
placed, any solid waste upon the roads, streets, or public or private
property within the City contrary to the provisions of this chapter.
(5)Â
Compliance with chapter. It shall be unlawful to store, collect,
transport, recover, incinerate or dispose of any solid waste within
the boundaries of the City contrary to the provisions of this chapter.
(6)Â
Improper transportation. It shall be unlawful to transport any solid
waste in any vehicle which permits the contents to blow, sift, leak
or fall therefrom. If spillage does occur, the responsible party shall
immediately return spilled materials to the collection vehicle and
shall properly clean, or have cleaned, the area of spillage. All vehicles
used for the collection and transportation of solid waste shall be
durable, easily cleaned 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.
(7)Â
Interference with authorized collector/hauler. No person, other than
an authorized collector/hauler, shall collect solid waste or recyclables
after they have been placed at the proper collection location. No
person shall interfere with a collector/hauler in the discharge of
his duties.
(8)Â
Scavenging. It shall be unlawful for any person to scavenge any solid
waste placed at curbside for collection.
(9)Â
Private dump. It shall be unlawful for any person to use or operate
a dump or solid waste landfill within the corporate limits of the
City of Oconto Falls or any territory annexed to the City of Oconto
Falls.
(a)Â
Dumping prohibited. No person shall place or dump solid waste
on any property, unless such person owns, controls, or leases such
property, or is otherwise authorized by the property owner, and such
person does so in a manner consistent with other provisions of this
Code.
(b)Â
Penalty. The forfeiture for violating this section shall not
be less than $500, nor more than $1,000.
(10)Â
Burning of waste. It shall be unlawful for any person to burn
solid waste in any manner, except as provided elsewhere in this Code.
(11)Â
Noncollectibles. It shall be unlawful for any person to place
hazardous or toxic waste, as defined in Wisconsin Statutes, for collection
at curbside or deposit the same at the Center. These substances include,
but are not limited to, any of the following wastes:
(12)Â
Animal or human wastes. It shall be unlawful for any person
to place human wastes for collection. Animal waste or kitty litter
waste should be disposed of in approved solid waste bags for collection.
(13)Â
Sharps and biohazardous waste. It shall be unlawful for any
person to place for collection, or dispose at the Center, any pathogenic
medical or biohazard wastes. It shall be unlawful for any person to
place for collection, or dispose at the Center, sharps that are not
in approved sharps disposal containers.
(14)Â
Building debris. The City will not collect building materials.
All building debris and waste resulting from remodeling, construction
or removal of a building or roadway shall be the responsibility of
the owner, builder and/or contractor to contract with, and properly
dispose of, through a private collector/hauler.
(15)Â
Waste motor oil recycling. No person shall dispose of any waste
motor oil by placing it with refuse for regular collection by the
City or pouring it on the ground, into storm sewers, ditches or waterways,
or into gutters or City streets. Any person wishing to dispose of
waste motor oil shall utilize the City recycling tank maintained at
the site of the Center or at any other legal waste motor oil site.
C.Â
Composting requirements in the City of Oconto Falls. The generator
of compostable materials shall be responsible for maintaining compost
piles and bins under his or her control as follows:
(1)Â
No compost bin shall exceed 125 cubic feet in volume and five feet
in height.
(2)Â
All compost piles and bins shall be so maintained as to prevent the
attraction or harborage of rodents and pests.
(3)Â
All compost piles and bins shall be so maintained as to prevent the
creation of odors that would constitute a public nuisance.
(4)Â
No compost pile or bin shall be located in any yard except a rear
yard. All compost piles or bins shall be located not less than five
feet from a property line or 20 feet from a neighboring principal
structure.
(5)Â
No compost bin shall contain any of the following:
(a)Â
Lake weeds, diseased plants.
(b)Â
Cooked food scraps, except coffee grounds and tea leaves.
(c)Â
Fish, meat, poultry, dairy products, oily foods, grease, foods
containing animal fats, bones, dog or cat waste.
(d)Â
Large items or items that will impede the composting process.
Examples of these items include large branches and logs, charcoal
briquettes, and sawdust from treated wood.
A.Â
Trash pickup. It is unlawful for any person in a noncommercially
zoned area (R-1 Single-Family Residence and R-2 Multiple-Family Residence)
to whom trash pickup is available to use a dumpster unless a permit
is obtained before use. Dumpsters are allowed by permit for apartment
buildings with four or more units but the dumpster must be enclosed
on all sides by a solid fence No dumpster is allowed on any part of
a public street from November 1 to April 1.
B.Â
Streets. It shall be unlawful to place any dumpster on any part of
a public street in the City without first obtaining a permit for such
placement. Permits shall be issued in the name of the property owner
of the property where the dumpster is to be used. Permits shall be
conditioned upon compliance by the permittee with such safety precautions
and other conditions as shall be set forth in the permit. Failure
to comply with the terms of the permit or failure to remove the dumpster
upon expiration of the permit shall be grounds for the City to remove
the dumpster from the public street and charge the permittee the reasonable
costs of such removal, as well as any storage costs. The permit issued
under this section shall not exceed 30 days.
C.Â
Construction/remodeling. The use of a dumpster for the purpose of
disposing of waste created during the construction/remodeling process
shall be allowed only if a proper construction/remodeling dumpster
permit is obtained first. This permit shall be valid as long as the
building permit obtained for the construction/remodeling is valid.
If the Building Inspector determines that the project is substantially
finished, the permit may be terminated.
D.Â
Permits. All dumpster permits can be obtained at the Municipal Building
of the City of Oconto Falls. A fee may be required to obtain a permit.
E.Â
If the City is forced to dispose of the contents of a dumpster, due
to a health hazard or other cause, the person responsible for the
dumpster shall also be responsible for all costs of said disposal.
A.Â
Non-City waste. It is unlawful for any person to place, deposit or
cause to be deposited for collection any solid waste not generated
within the corporate limits of the City of Oconto Falls.
B.Â
Town of Oconto Falls. Solid waste and recyclables generated within
the Town of Oconto Falls may be deposited, in accordance with this
chapter, at the Center.
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.Â
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)Â
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.Â
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.Â
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)Â
Graduated enforcement shall be used as follows:
(a)Â
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)Â
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)Â
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)Â
Graduated enforcement may be waived for gross intentional violations.
The amount of forfeiture will double for subsequent violations after
the third offense.
A.Â
Residential.
(1)Â
Residential charges for garbage and recycling collection and disposal
shall be determined by the City Administrator and approved by Common
Council of the City of Oconto Falls annually and shall be billed in
advance of the service to each residential unit and small business
with curbside pickup on the annual property tax bill. The cost as
determined by City Administrator and approved by Common Council is
calculated by the costs for contracts with the garbage hauler and
the landfill disposal site and curbside bin costs.
(2)Â
Any charges for garbage collection and disposal which shall become
delinquent by 60 days shall be made a special assessment and lien
against the real property to which the service was provided and 10%
interest penalty and administrative cost. When an account becomes
30 days delinquent, the Clerk-Treasurer's office shall send a
thirty-day delinquency notice both to the resident and the property
owner, if they are different, advising them that failure to pay within
30 days of the notice shall result in assessment and penalty against
the real property as set forth above. The 10% interest penalty and
administrative cost of the delinquency notice sent by the Clerk-Treasurer
shall be added to the delinquent bill.
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.
