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City of Brodhead, WI
Green County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Brodhead as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 8, Chs. 3 and 4, of the 1997 Code]
The following definitions shall be applicable in this article:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
A corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
A. 
Is designed for serving food or beverages.
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high-grade. This term does not include industrial process waste.
OTHER RESINS OR MULTIPLE RESINS
Plastic resins labeled by the SPI Code No. 7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate, labeled by the SPI Code No. 1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
POST-CONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
PP
Polypropylene, labeled by the SPI Code No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
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.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer 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 § 386-2 do not apply to the following:
A. 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 386-2 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 § 386-2E through O for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 386-2 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil and yard waste as follows:
A. 
Lead acid batteries with intact cases shall be placed alongside the recycling bin.
B. 
Major appliances shall be placed at curbside, provided prior arrangement has been made between the occupant and the licensed recyclable hauler.
C. 
Waste oil shall be placed in a clean covered receptacle and placed alongside the recycling bin.
D. 
Yard waste shall not be collected at curbside in the City of Brodhead. Residents of the City may enter into the City designated and maintained compost site during the time the compost site is open to deposit yard waste in the area designated for the receipt of same. Nonresidents are prohibited from entry into the compost area or from depositing yard waste therein. Leaves and brush shall be collected at curbside by the City at certain infrequent times as are established by the Director of Public Works and advertised in the official newspaper. Leaves and brush shall not be placed at curbside for collection unless tied in bundles or placed in biodegradable containers such as paper bags or biodegradable plastic trash bags. Grass clippings and other leafy yard and garden debris will not be collected at curbside by the City at any time.
Occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 386-2E through O:
A. 
Aluminum containers shall be placed in the recycling bin.
B. 
Bimetal containers shall be placed in the recycling bin.
C. 
Corrugated paper or other container board shall be placed alongside or under the recycling bin.
D. 
Foam polystyrene packaging shall be placed in the recycling bin.
E. 
Glass containers shall be placed in the recycling bin.
F. 
Magazines shall be separated from newspaper and placed in the recycling bin.
G. 
Newspaper shall be placed in the recycling bin.
H. 
Office paper shall be placed in the recycling bin.
I. 
Rigid plastic containers shall be prepared and collected as follows:
(1) 
Plastic containers made of PETE shall be placed in the recycling bin.
(2) 
Plastic containers made of HDPE shall be placed in the recycling bin.
(3) 
Plastic containers made of PVC shall be, beginning January 1, 1995, placed in the recycling bin.
(4) 
Plastic containers made of LDPE shall be, beginning January 1, 1995, placed in the recycling bin.
(5) 
Plastic containers made of PP shall be, beginning January 1, 1995, place in the recycling bin.
(6) 
Plastic containers made of PS shall be, beginning January 1, 1995, placed in the recycling bin.
(7) 
Plastic containers made of other resins or multiple resins shall be, beginning January 1, 1995, placed in the recycling bin.
J. 
Steel containers shall be placed in the recycling bin.
K. 
Waste tires shall be placed at curbside, provided prior arrangement has been made between the occupants and the licensed recyclable hauler.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 386-2E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
(3) 
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.
(4) 
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.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 386-2E through O from solid waste in as pure a form as is technically feasible.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 386-2E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
(4) 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare 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.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 386-2E through O from solid waste in as pure a form as is technically feasible.
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 § 386-2E through O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the City of Brodhead may inspect recyclable materials separated for recycling, post-consumer 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 of Brodhead who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
B. 
Any person who violates a provision of this article may be issued a citation by the City of Brodhead 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 § 386-9 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article, except § 386-9, may be required to forfeit not less than $10 nor more than $1,000 for each violation.
It shall be unlawful for any person, unless under contract with or licensed by the City of Brodhead, to collect or remove any recyclable material that has been deposited or placed at the curb or in a container adjacent to a home or nonresidential building for the purposes of collection for recycling.
A. 
It shall be unlawful for any person to dispose of or dump solid waste, post-consumer waste, garbage, refuse or recyclable materials in any street, alley or other public place within the City of Brodhead or in any receptacles or private property without the owner's consent unless it is placed in bags or containers in the manner and at the times specified by this article.
B. 
The owner of solid waste, post-consumer waste, garbage or refuse deposited or discharged in violation of this article shall be liable for a violation hereof as provided in this section. It shall be presumptive evidence that solid waste, waste, garbage or refuse containing indicia of ownership, such as name labels, mail containing names and addresses or other printed or written names that are consistent throughout, is owned by the person or persons whose names are found therein.
C. 
No person shall place for collection any garbage at the curb not owned or occupied by such person.
It shall be unlawful for any person to place for disposal any of the following wastes: hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, medical wastes.
It shall be unlawful to bring refuse for disposal (and recyclables) from outside the corporate limits into the City of Brodhead unless authorized by agreement with the City of Brodhead.
A. 
Haulers may not dispose in a landfill or burn in a solid waste facility any recyclable materials generated in the City of Brodhead that have been separated for recycling.
B. 
Haulers shall not compact glass with paper during collection and transport of recyclables to a processing facility or market and shall maintain materials in marketable condition.
The hauler has the right to reject or leave at the curb any recyclable material that is not prepared according to the specifications in this article or in education material provided by the contractor to the service recipients. Materials may also be left if not separated from solid waste, placed in the proper container, or are not designated recyclable materials for collection. The hauler also has the right to refuse to pick up any solid waste if it contains recyclable containers and material. In such cases, the hauler or attendant shall notify the generator of the materials about the reasons for rejecting either in writing or verbally. The hauler shall also keep a list of such occurrences and provide it to the City of Brodhead on a monthly basis.
Haulers who collect solid waste or recyclables in the City of Brodhead for storage, treatment, processing, marketing or disposal shall obtain and maintain all necessary municipal and state permits, licenses and approvals prior to collecting any materials in the City of Brodhead.
The recycling haulers and processors operating in the City of Brodhead are required to maintain records and report in writing to the City Clerk at least twice each year. Reports shall include the amount of solid waste and recyclables collected and transported from the City of Brodhead, the amount of solid waste and recyclables processed and/or marketed by item type from the City of Brodhead, and the final disposal location of solid waste and recyclable material. Failure to report shall be cause for the municipality to revoke any license or sever any contract with the hauler/processor.
Recyclable materials and refuse, upon placement at the curb, shall become the property of the collector. Recyclable materials, upon collection by any permitted collector, shall become the property of the contractor.
The City of Brodhead reserves the right to designate additional post-consumer waste as recyclable or currently collected materials as no longer recyclable in accordance with state law and to either add or delete them from any collection services provided by the municipality or its contractors. The municipality shall provide written notice to its service recipients of this declaration.
The City of Brodhead shall establish the time of collection of solid waste and recyclables, and the City Clerk shall publish and provide written notice of the collection schedule at least once at the beginning of each year and at any time when the collection schedule is changed.
A. 
Solid waste shall be placed for collection in disposable plastic bags not to exceed 50 pounds per bag in weight or 33 gallons per bag in volume and sealed or tied in a manner to avoid litter. All other garbage containers are unsuitable for solid waste collection in the City of Brodhead.
B. 
Recyclables shall be placed in the recyclable bins to be furnished by the collection contractor. If there is a greater amount of recyclables than can be contained in the designated bin, those excess materials can be placed on top of or adjacent to the recycling container, clearly separated from the garbage.
C. 
All solid waste and recyclables shall be placed as herein required at the specified collection point no sooner than 24 hours prior to the regularly scheduled collection time or be allowed to remain at the curb longer than 12 hours thereafter.
Except as otherwise specifically directed or authorized by the City of Brodhead, solid waste and recycling containers shall be placed at the curbline or mailbox, adjacent to the premises owned or occupied by the person, of the street designated in the published collection schedule for collection. Materials shall be placed out for collection according to the scheduled days established and published by the City of Brodhead.
Residents shall contact the collection contractor when they have couches, bulky items, and construction material from household remodeling or repair, and arrangements for collection will be made.
[Amended 11-17-2014]
The City shall determine costs for regular and special solid waste collection and user fees to cover those costs. For refuse disposal containers larger than 65 gallons for the automated refuse disposal system, there shall be an annual fee as established by resolution of the Common Council; however, the City may waive the fee in multifamily homes in which a refuse disposal container larger than 65 gallons is used. The annual fee must be paid to the City no later than November 17 of the year of use of such larger container. If such fee is not paid by November 17, the City Clerk-Treasurer shall impose such annual fee as a special charge upon the property per § 66.0627, Wis. Stats., which will be incorporated into the tax roll for the next tax year.
A. 
Definitions. The following definitions shall be applicable in this section:
BUSINESS
Any organization or enterprise operated for profit, including, but not limited to, commercial, retail and industrial enterprises.
FERROUS METAL
Steel, brass, copper, or other metal.
GLASS
Glass bottles, jars, and dishes made of clear, green and brown colored glass. Not included are light bulbs, window glass and drinking glasses.
GOVERNMENTAL UNIT
The governments of the United States, State of Wisconsin, Counties of Green and Rock, any municipality, any school or vocational and technical district with schools or offices located within the City of Brodhead and any departments, divisions, agencies, instrumentalities and units thereof.[1]
MULTIFAMILY DWELLING
A building containing three or more dwelling units.
MUNICIPALITY
A town, city, or village located wholly or partly within the boundaries of Green and Rock Counties.[2]
NEWSPAPERS
Newsprint-type paper received as an ordinary newspaper, advertising circular or supplement. Magazines not printed on newsprint-type paper shall not be included within the definition of "newspapers."
NONPROFIT ORGANIZATION
Any organization or association not organized or operated for pecuniary profit, including, but not limited to, churches, hospitals, nursing homes, private schools and museums.
RECYCLABLE MATERIALS
Unwaxed and uncoated corrugated cardboard and cardboard packaging; glass bottles and jars; aluminum containers and scrap in whatever form; newspapers; high-density polyethylene (HDPE) plastic containers; polyethylene terephthalate (PET) plastic containers; ferrous metal containers and scrap in whatever form; waste oil; motor vehicle batteries; yard waste; appliances; waste tires.
SOLID WASTE
Includes all garbage and refuse generated in the City of Brodhead for waste collection, but excluding recyclable materials as defined herein.
WASTE OIL
Any oil after use or which is contaminated through storage or handling before that oil is recycled.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage, or defect.
YARD WASTE
Leaves, grass clippings, garden debris and brush, including clean woody vegetative material no greater than three inches in diameter or eight feet in overall length.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Recycling of recyclable materials required.
(1) 
It shall be mandatory for every person, business, governmental unit, and nonprofit organization disposing of recyclable materials in the City of Brodhead to separate all such recyclable materials from all other solid waste materials so as to not place the recyclable materials into the regular solid waste collection in the City of Brodhead.
(2) 
Recyclable materials, as defined herein, shall be processed for separate disposal by every person, business, governmental unit, and nonprofit organization generating same in the City of Brodhead as follows:
(a) 
Glass shall be rinsed and separated by color into clear, green, and brown and placed into the distinctive recycling bins being provided by the recycling collection contractor. All lids, plastic and metal rings shall be removed. The filled recycling bin shall not exceed 20 pounds in weight. The recycling bins may be placed as described hereunder for collection by the City contractor.
(b) 
Unwaxed and uncoated corrugated cardboard and cardboard packaging and newspapers shall be bundled in eight- to ten-inch bundles tied with string and placed alongside the recycling bin for collection.
(c) 
Aluminum, steel, HDPE and PET plastic containers shall be rinsed and placed in the recycling bin for collection.
(d) 
Waste oil shall be placed in unbreakable leakproof containers and placed alongside the recycling bin for collection.
(e) 
Discarded automobile batteries shall be placed alongside the recycling bin for collection.
(f) 
The recycling bin shall be used if a curbside collection of recyclables is desired. All separated recyclables shall be placed inside the bin and the bin placed at curbside for collection next to the solid waste materials on the designated solid waste collection day in the City of Brodhead, with the exception of those recyclable materials specified herein for placement alongside the recycling bin. The Director of Public Works is authorized to establish and promulgate reasonable regulations as to the manner, days, and times for the collection of the recyclable materials contained within the recycling bin or alongside thereof.
(g) 
Curbside collection of separated recyclable materials is provided as a service to residents of the City. Those persons desiring to transport and separately dispose of recyclable materials and those businesses, governmental units, and nonprofit organizations in the City not participating in the curbside collection of recyclable materials by having made separate arrangements with the recycling collection contractor shall separately dispose of their recyclables in a legal manner consistent with all state, county and local requirements. Such separate disposal may be accomplished by delivery to the Brodhead Area Recycling Center from 9:00 a.m. to 12:00 noon on Saturdays. Such recyclables delivered to the Brodhead Area Recycling Center shall not contain or be combined with solid waste materials and shall be placed into adequate, separate containers. Such containers shall not exceed 20 pounds.
(h) 
Yard waste shall not be regularly collected at curbside in the City of Brodhead. Yard waste shall be collected at curbside at certain infrequent times as are established by the Director of Public Works and advertised in the official newspaper. Yard waste shall not be placed at curbside for collection unless placed in biodegradable containers such as paper bags, cardboard boxes or biodegradable plastic trash bags. For those times when curbside collection is not scheduled, yard waste may be delivered to the compost and brush area west of the sewage treatment plant from 7:00 a.m. to 3:00 p.m., daily.
C. 
Notification of municipal recycling requirements required. All owners of multifamily dwelling units shall notify tenants upon moving in and semiannually thereafter of Green or Rock County and City of Brodhead recycling requirements. All businesses, governmental units, and nonprofit organizations shall notify regularly all employees, agents, and other users or occupants of their premises of Green or Rock County and City of Brodhead recycling requirements.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Separate requirements for business, governmental units and nonprofit organizations. Those businesses, governmental units, and nonprofit organizations requiring more than the one recycling bin furnished by the recycling collection contractor for municipal curbside collection of recyclables shall provide adequate, separate containers for the disposal of recyclable materials and provide for the collection and recycling of recyclable material separated from solid waste by their employees, agents, and other users or occupants of their premises.
E. 
Recyclables placed for collection property of City. Once placed at a collection site either at curbside or at the Brodhead Area Recycling Center in accordance with the provisions of this article, any recyclable materials so placed shall become the property of the City of Brodhead. It shall be a violation of this article for any person unauthorized by the City of Brodhead to collect or pick up or cause to be collected or picked up any of such recyclable materials.
F. 
Recyclable disposal mandated. It shall be a violation of this article for any person, firm, or corporation to dispose of any recyclable materials in the City of Brodhead in violation of the terms of this article or to fail to comply with its terms in the disposal of recyclable materials.
G. 
Violations. In addition to other penalties provided by the general penalty provisions of the Code of the City of Brodhead for a violation of this article, solid waste containing recyclable materials will not be subject to municipal collection in the City of Brodhead. The placing of solid waste for the regular solid waste municipal collection that contains nonseparated recyclable materials by any person, firm, or corporation shall constitute a violation of this article.