[Adopted 12-22-1994 by Ord. No. 176]
The purpose of this article is to require people within the City of Arcadia to separate waste into burnable, nonburnable and recyclable materials; to provide instructions for the proper disposal of each type of waste in order to conserve materials, energy and costs; and to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
The provisions of this article shall be construed to be minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. In the event any term or requirement of this article is found to be inconsistent with or to conflict with any other term or requirement of this article, the less restrictive term or requirement shall control. Where a provision of this article is required by Wisconsin Statute, or by Ch. NR 544, Wis. Adm. Code, and where the provision of this article is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code, in effect on the date of the most recent amendment to this article.
For the purpose of this article, the following terms shall have the meanings indicated:
ARCADIA BURN SITE or BURN SITE
The portion of the City of Arcadia's former landfill, as that term is defined in § 289.01(20), Wis. Stats., which has been designated by the Wisconsin Department of Natural Resources as a wood burning facility pursuant to § NR 502.11, Wis. Adm. Code, and which is located in the SE 1/4 of the NE 1/4 of Section 34, Township 21 North, Range 9 West, Trempealeau County, Wisconsin.
ARCADIA COMPOST SITE or COMPOST SITE
The portion of the City of Arcadia's former landfill, as that term is defined in § 289.01(20), Wis. Stats., which has been designated by the Wisconsin Department of Natural Resources as a solid waste facility for composting yard waste pursuant to Ch. NR 502, Wis. Adm. Code, and which is located in the SE 1/4 of the NE 1/4 of Section 34, Township 21 North, Range 9 West, Trempealeau County, Wisconsin.
ARCADIA DEMOLITION WASTE DISPOSAL AREA or DEMOLITION WASTE DISPOSAL AREA
A designated portion of a landfill, as that term is defined in § 289.01(20), Wis. Stats., which is operated and maintained pursuant to a license issued by the Wisconsin Department of Natural Resources and which accepts such waste.
ARCADIA LANDFILL or LANDFILL
The sanitary landfill, as that term is defined in § 289.01(20), Wis. Stats., which is operated and maintained by the City of Arcadia pursuant to License No. 1858 issued by the Wisconsin Department of Natural Resources and which is located in the Town of Arcadia, Trempealeau County, Wisconsin.
ARCADIA METAL STORAGE AREA or METAL STORAGE AREA
The portion of the landfill designated by the City of Arcadia for the collection of metal and major appliances.
BIMETAL CONTAINER
A container for carbonated or malt beverages which is made primarily of a combination of steel and aluminum.
CITY
The City of Arcadia, Trempealeau County, Wisconsin.
CONTAMINATED DEMOLITION WASTE
Solid waste resulting from the construction, demolition or razing of buildings, roads and other structures, including but not limited to concrete, bricks, bituminous concrete, wood, glass, masonry, roofing, siding and plaster, alone or in combinations, but not including asbestos, waste paints, solvents, sealers, adhesives or other similar materials.
DISPOSABLE WASTE
All solid waste which is generated within the City, except:
A. 
Recyclable materials.
B. 
Unpainted and untreated wood and brush.
C. 
Inert and contaminated demolition waste.
D. 
Metal and major appliances.
E. 
Waste tires.
F. 
Yard waste.
G. 
Masonry, brick, concrete, stone or other industrial or construction waste not approved for receipt by the RDF Facility.
H. 
Any item of waste exceeding four feet in any one dimension or exceeding 100 pounds in weight.
I. 
Any item of waste that may damage the RDF Facility, or the combustion of which will likely pose a threat to health or safety in violation of any judicial decision or order, or in violation of any action of any federal, state or local government, or any agency thereof, or in violation of any applicable law or regulation.
J. 
Hazardous waste.
HAZARDOUS WASTE
The following:
A. 
Any waste defined as hazardous in 40 CFR 261.3, or in any successor regulations, or by the United States Environmental Protection Agency, or classified as a toxic substance or toxic waste or prohibited for incineration by any local, state or federal agency having jurisdiction over the RDF Facility.
B. 
Radioactive waste or material or hazardous waste regulated under 42 U.S.C. §§ 6921 to 6925 and regulations adopted thereunder, or any other federal, state or local law.
C. 
Hazardous substances defined in 42 U.S.C. § 6901 et seq. and any regulations promulgated thereunder.
D. 
All wastes requiring special handling to comply with local, state or federal law, including but not limited to:
(1) 
Pathological, infectious, or explosive material.
(2) 
Oil sludge.
(3) 
Cesspool or human waste.
(4) 
Animal remains or waste.
E. 
Any type of waste which is smoldering, on fire, at its kindling point, or in the process of initiating combustion.
INERT DEMOLITION WASTE
Clean soil, brick, building stone, concrete, reinforced concrete, broken pavement and unpainted or untreated wood.
MAJOR APPLIANCE
A large mechanical or electrical device which uses a power supply, including a residential or commercial air conditioner, a clothes dryer, a clothes washer, a dishwasher, a freezer, a microwave oven, a conventional oven, a refrigerator, a stove, a residential or commercial furnace, a boiler, a dehumidifier, or a water heater. "Major appliance" does not include microwave ovens from which the capacitor has been removed.
METAL
All products made of metal, except recyclable materials as defined in this article. "Metal" includes, but is not limited to, refrigerators, stoves, water heaters, tire rims, springs, bicycles, scrap metal and other similar materials.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those units which are occupied only seasonally.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. "Nonresidential facilities and properties" does not include multiple-family dwellings.
PERSON
Any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
POST-CONSUMER WASTE
Solid waste, except:
A. 
Solid waste generated in the production of goods;
B. 
Hazardous waste, as defined in § 291.01(7), Wis. Stats.;
C. 
Waste from construction and demolition of structures;
D. 
Scrap automobiles; or
E. 
High-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
RDF FACILITY or LA CROSSE COUNTY-NORTHERN STATES POWER COMPANY REFUSE-DERIVED FUEL PROCESSING FACILITY or LA CROSSE-NSP RDF FACILITY
The solid waste treatment facility described in § 287.07(7)(b), Wis. Stats., which is operated and maintained by Northern States Power Company, a Wisconsin corporation, and which is located at 200 South Bainbridge Street in the City of La Crosse, La Crosse County, Wisconsin.
RECYCLABLE MATERIALS
Containers constructed with aluminum, glass, or steel, and includes bimetal containers.
RECYCLING CENTER
A solid waste recycling facility which has filed a certification under § NR 544.16, Wis. Adm. Code, with the Wisconsin Department of Natural Resources.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE DISPOSAL
Has the meaning specified in § 289.01(34), 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, but is not limited to, incineration.
UNPAINTED AND UNTREATED WOOD AND BRUSH
All brush, branches, small trees, bushes, furniture and other articles made exclusively from unpainted and untreated wood, except yard waste.
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. "Yard waste" 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 recyclable materials from post-consumer waste.
The separation requirements for recyclable materials in § 367-13 of this article 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 who send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources which recovers recyclable material 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. 
Recyclable materials for which a variance has been granted by the Wisconsin Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, recyclable materials shall be clean and 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.
Before delivering solid waste or recyclable materials or causing solid waste or recyclable materials to be delivered to the recycling center, burn site, demolition waste disposal area, metal storage area, or compost site, all persons shall prepare the solid waste or recyclable materials in the manner approved by the City of Arcadia Street, Sidewalks and Sanitary Landfill Committee or in the manner required by law or regulation.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following:
(1) 
Provide adequate, separate containers for recyclable materials.
(2) 
Notify tenants in writing at the time of renting or leasing the dwelling, and at least semiannually thereafter, about the City's recycling program.
(3) 
Provide for the collection of recyclable materials from the tenants and for the delivery of recyclable materials to a recycling facility.
(4) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are recyclable materials, how to prepare solid waste and recyclable materials to comply with this article, the recycling center's location and hours of operation, and a contact person, address and telephone number at the recycling center.
B. 
The requirements of this section 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 Wisconsin Department of Natural Resources which recovers recyclable materials 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:
(1) 
Provide adequate, separate containers for recyclable materials.
(2) 
Notify in writing, at least semiannually, all users, tenants and occupants of the nonresidential facilities and properties about the City's recycling program.
(3) 
Provide for the collection of recyclable materials from the users, tenants and occupants and for the delivery of the recyclable materials to a recycling facility.
(4) 
Notify users, tenants and occupants of reasons to reduce and recycle waste, which materials are recyclable materials, how to prepare solid waste and recyclable materials to comply with this article, the recycling center's location and hours of operation, and a contact person, address and telephone number at the recycling center.
B. 
The requirements of this section do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers recyclable materials from solid waste in as pure a form as is technically feasible.
A. 
Solid waste shall be deposited at the locations described in this section. Except as otherwise provided in this article, no person may dispose of any materials which have been separated for recycling in a facility used for solid waste disposal or burn materials which have been separated for recycling in a facility used for solid waste treatment.
B. 
All persons shall deliver the materials described below or cause the materials described below to be delivered to the locations described below:
(1) 
Recyclable materials, to a recycling center.
(2) 
Unpainted and untreated wood and brush, to the Arcadia burn site.
(3) 
Inert demolition waste, to the Arcadia demolition waste disposal area.
(4) 
Contaminated demolition waste, to a contaminated waste disposal facility approved by the Wisconsin Department of Natural Resources pursuant to § NR 502.13, Wis. Adm. Code, as amended.
(5) 
Metal (other than recyclable materials) and major appliances, to the Arcadia metal storage area.
(6) 
Yard waste, to the Arcadia compost site.
(7) 
Waste tires, to the designated portion of the Arcadia landfill.
A. 
The City shall cause disposable waste to be collected curbside as provided herein.
B. 
When placed for collection, all disposable waste shall be placed in City-approved garbage bags which shall be securely tied shut.
C. 
All bags placed for collection shall be placed on the curb no more than 24 hours prior to the designated time for collection. If approved in advance by the City, disposable waste may be placed at a location other than a curb if the location is accessible to authorized officers, employees, agents, or representatives of the City.
D. 
Items defined in Subsection H of the definition of "disposable waste" in § 367-12 of this article may be brought to an area designated by the City. These items include mattresses, rugs, furniture, rubber tires, television sets and major appliances.
E. 
The City may charge a fee for any item of disposable waste it or its agent collects.
City employees, agents or representatives may refuse to collect any disposable waste which is not separated, prepared or placed for collection in accordance with this article.
From the time of placement of disposable waste, which has been prepared in accordance with the terms of this article, for curbside collection by the City or its agents or representatives, it shall be a violation of this article for any person who is not the owner of or the person who places such disposable waste, or an authorized officer, employee, agent, or representative of the City, to move such waste or cause such waste to be moved.
Except as otherwise provided in this article, no person shall burn, bury or deposit solid waste on any property, public or private, within the City except:
A. 
The City at the burn site or the compost site;
B. 
Any person, with respect to disposable waste generated on the premises occupied by that person, in an interior, chimney-connected fireplace on that premises designed to be operated with the fire chamber either open or closed and installed and operated in accordance with state law and regulation;
C. 
Any person, with respect to disposable waste generated on the premises occupied by that person, in an interior, chimney-connected room heater on the premises designed to be operated with the fire chamber closed and installed and operated in accordance with state law and regulation; or
D. 
Open fires pursuant to a permit issued by the City of Arcadia under § SPS 314.10, Wis. Adm. Code.[1]
[1]
Editor's Note: See also Ch. 214, Art. I, Outdoor and Refuse Burning.
Any person may compost yard waste on land, subject to the landowner's consent.
The provisions of this article shall be administered by the City Clerk-Treasurer under the supervision and authority of the City of Arcadia Street, Sidewalks and Sanitary Landfill Committee.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee, agent or representative of the City 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, agent or representative of the City who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
B. 
Authorized officers, employees, agents, and representatives of the City may issue a citation to and collect forfeitures from any person who violates a provision of this article. The issuance of a citation shall not preclude the City from proceeding under any other ordinance or law relating to the same or any other offense. Proceeding under any other ordinance or law relating to the same or any other offense shall not preclude the City from issuing a citation under this subsection.
C. 
Any person who violates this article may be required to forfeit not less than $10 nor more than $1,000 for each violation, and each day of violation is a separate offense.
[Amended 8-9-2012 by Ord. No. 176A]