[HISTORY: Adopted by the City Council of the City of South
Milwaukee 9-20-1994 by Ord. No.
1578; amended in its entirety 3-21-2006 by Ord. No. 1907. Subsequent amendments
noted where applicable.]
Recycling, Refuse Collection and Self-Deposit Station Ordinance
for City of South Milwaukee.
The purpose of this ordinance is to promote recycling, composting,
an resource recovery through the administration of an effective recycling
program, as provided in § 159.11, Wis. Stats. and Ch. NR
544, Wis. Adm. Code.
This ordinance is adopted as authorized under § 159.09(3)(b),
Wis. Stats., and the general police power of the City under § 62.11(s),
Wis. Stats.
It is not intended by this ordinance 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 ordinance imposes greater restrictions, the provisions
of this ordinance shall apply.
In their interpretation and application, the provisions of this
ordinance 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 or interpretations
shall apply. Where a provision of this ordinance is required by Wisconsin
Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where
the ordinance provision is unclear, the provision shall be interpreted
in light of the Wisconsin Statutes and the Ch. NR 544 standards in
effect on the date of the adoption of this ordinance, or in effect
on the date of the most recent test amendment to this ordinance.
Should any portion of this ordinance be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this ordinance shall not be affected.
The requirements of this ordinance apply to all persons within
the City of South Milwaukee.
[Amended 4-5-2000 by Ord.
No. 1764]
The provisions of this ordinance shall be administered by the
City Administrator and the street department superintendent or his/her
designee.
The provision of this ordinance shall take effect on November
1, 1994.
For the purpose of this ordinance:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Secured in a fashion to prevent the material from becoming
air borne or litter.
The City Administrator, Administrative Coordinator, or his/her
designee.
[Amended 4-5-2000 by Ord.
No. 1764]
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Street curb or alley side location where recyclables are
deposited for collection.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
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(a)
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Is designed for serving food or beverages.
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(b)
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Consists of loose particles intended to fill space and cushion
the packaged article in a shipping container.
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(c)
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Consists of rigid materials shaped to hold and cushion the packaged
article in a shipping container.
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High density polyethylene, labeled by the SPI code #2.
Low density polyethylene, labeled by the SPI code #4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
furnace, boiler, de-humidifier, water heater or stove.
A building containing five or more residential units, including
those which are occupied seasonally and including multifamily developments
of more than one building where the total number of residential units
in all buildings, which are part of the development, exceed four units.
Although condominiums are otherwise considered single family dwellings,
where the condominium building contains five or more units, such buildings
will be classified for purposes of this ordinance as multifamily dwellings.
[Amended 3-21-1995 by Ord. No. 1607]
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple family
dwellings.
High grade printing and writing papers from offices in non-residential
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.
Plastic resins labeled by the SPI Code #7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.299(1)(a), Wis.
Stats., state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI Code #1.
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject or a retail sale.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 144.61(5), Wis.
Stats., waste from construction and demolition of structures, scrap
automobiles, or high-volume industrial waste, as defined in § 144.11(7)(a)1,
Wis. Stats.
Polypropylene, labeled by the SPI Code #5.
Polystyrene, labeled by the SPI Code #6.
Polyvinyl chloride, labeled by the SPI Code #3.
Includes lead acid batteries; major appliances; waste oil;
yard waste; aluminum container; 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 bi-metal containers.
Has the meaning specified in § 144.01(15), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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 non-residential facilities and properties
shall separate the following materials from postconsumer waste:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bi-metal 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 § 26.19 do not apply to the following:
A.
Occupants of single family and two to four unit residences, multiple-family dwelling and non-residential facilities and properties that sent their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 26.11 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as 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.
To the greatest extent practicable, the recyclable materials separated in accordance with § 26.19 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable 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.
[Amended 3-21-1995 by Ord. No. 1607]
Occupants of single and two- to four-unit residential buildings
(not part of a multifamily dwelling as herein defined) shall place
only the following recyclables in City provided carts when and as
directed by the City Administrator:
For daily storage prior to collection, no recycling cart shall
be placed, kept, stored or located within the right-of-way of a street
or alley. Covers shall be kept closed at all times to prevent rainfall
accumulation.
A.
Collection of recyclable materials placed in carts as defined in § 26.14 shall be made at least bi-weekly on the same day as regular Garbage and Rubbish Collection.
B.
Time of deposit. Recycling carts shall be placed in an area specified
hereinafter no later than 7:00 a.m. on the date of collection, but
not sooner than 7:00 p.m. on the day preceding collection. Containers
shall be removed from the deposit area no later than 7:00 a.m. on
the day after collection.
C.
Recycling carts, including material bundled outside the container
(i.e., container board) shall be placed within three feet of the curb
lawn area, or within three feet of the edge of the alley on private
property.
D.
During winter months carts shall not be placed on snow banks, but
shall be placed in a cleared section of the deposit area if there
is no driveway.
E.
The City will not collect any recyclables generated by, originating
from or collected by any non-residential facility or premises.
A.
Occupants of single family and two to four unit residences, multiple-family
dwellings and non-residential facilities and properties shall manage
lead acid batteries, major appliances, waste oil, and yard waste as
the City Administrator shall require by written procedure published
in the official newspaper.
B.
Occupants of single family and two- to four-unit residences shall
prepare, collect and separate materials designated as recyclable by
the City Administrator in the future the City Administrator shall
prescribe by written procedure published in the official newspaper.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 26.11E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify in writing, at least semi-annually, 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 non-residential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 26.11E through O from solid waste in as pure a form as is technically feasible.
Regulation as to the collection, removal and disposal of refuse
in the City of South Milwaukee.
A.
AUTOMATED COLLECTION
GARBAGE
LIQUIDS
REFUSE
RUBBISH
SPECIAL PICKUP — WASTE MATERIAL
STREET SUPERINTENDENT
YARD WASTE
Definitions. The following words, when used in these regulations,
shall have the meanings respectively ascribed to them:
Garbage collected in ninety-five-gallon carts using garbage
truck's mechanical arm/equipment.
Garbage includes all refuse accumulations of animal, fruit
or vegetable matter that attend the preparation use, cooking, dealing
in or storage of meat, fish, fowl, fruits or vegetables. Liquids are
not garbage.
No liquids will be picked up or disposed of at regular or
special pick-ups.
Refuse shall mean garbage, rubbish or both. Refuse does not include yard waste, liquids or recyclables as described in § 26.11.
Rubbish includes all other refuse except, but not limited
to, rocks, concrete, bricks, wood and lumber, trees, plaster, dirt,
and other solid materials similar to those described herein. Yard
waste is not rubbish.
Special pickup-waste material includes, but shall not be
limited to, rocks, concrete, bricks, wood, lumber, trees, plaster,
dirt, used household furniture and appliances, and other material
similar to those described herein.
The Street Superintendent or his designated representative.
Yard waste as used herein is as defined in Wis. Stats., § 159.07,
and includes leaves, grass clippings, yard and garden debris and brush
including clean woody vegetative materials no greater that six inches
in diameter.
B.
Automated garbage collection shall be phased in beginning in 2015. For those areas where the City has provided carts for automatic collection, the following provisions shall be applicable. Except as specifically provided in § 26.20B, the provisions of § 26.20A through N remain in full force and effect. All the provisions of § 26.20A through N remain in full force and effect in those areas where the City has not provided garbage carts.
(1)
Carts are provided by the City and shall remain with the property
(only exceptions are those carts that were bought prior to implementation
of the program - January 1, 2015). Single family residences shall
be eligible for one, City-provided cart, two and three family residences
shall be eligible for two City-provided carts, four family and above
(commercial) shall purchase their own carts if they are eligible for
City garbage collection. Single, two and three family residences may
purchase one additional cart.
(2)
Carts may only be used for storage of garbage. Carts and the yard
area in which they are stored shall be kept in a clean, neat, and
sanitary condition at all times.
(3)
Refuse must be deposited in carts for collection. No liquids of any
kind may be deposited for collection. Human waste, animal waste, ashes,
sawdust, and all other potentially infectious or injury-causing materials
shall not be deposited or placed in cart for collection unless such
material has been approved for collection by the street superintendent
and is wrapped in a manner satisfactory to the street superintendent.
Garbage shall be drained of all moisture and completely wrapped in
paper or plastic before it is placed in cart for collection. Cart
weight with garbage shall not exceed 200 pounds.
(5)
For daily storage and prior to collection day, no cart shall be placed,
kept, stored, or located within the right-of-way of a street or alley
and shall be placed on a concrete pad or other such base for protection
from mud, standing water, or other elements. Lids shall be kept closed
to prevent rainfall accumulation or animal littering.
(6)
Carts shall be placed as specified hereinafter, no later than 7:00
a.m. on the date of collection, but no sooner than 7:00 p.m. on the
day proceeding collection. Carts shall be removed from the deposit
area no later than 7:00 a.m. on the day after collection.
(8)
Carts shall have four feet of clearance on all sides for collection
day. For those properties where a physical obstruction makes it impossible
for carts to be placed as outlined in this ordinance, the property
owner may request that the street superintendent review the circumstances
and make a determination of where the cart shall be placed on collection
days.
(9)
Persons who are physically unable to place carts in collection area,
due to illness or injury, may request a special hardship pickup arrangement.
C.
Garbage to be deposited in containers or assembled for collection.
(1)
For daily storage of all garbage created, accumulated or produced
shall be deposited in containers of a type approved by the Street
Superintendent of the City of South Milwaukee, equipped with suitable
handles and tight fitting covers, and shall be water-tight. Each container
shall have a capacity of not less than 20 gallons and not more than
32 gallons. City approved tipper carts may be used for storage of
garbage, Containers and the yard area in which they are stored shall
be kept in clean, neat and sanitary condition at all times.
(2)
Plastic bags with a minimum mil thickness of 1.5 are suitable for
the deposit of garbage and refuse and will facilitate collection thereof.
Use of plastic bags which are securely sealed is required for collection
and daily storage of garbage and refuse in approved metal or plastic
containers. Plastic bags with garbage and refuse shall not be stored
in the open.
(3)
Any refuse which cannot be placed in a container due to its size,
nature or content, shall be bundled, packaged or otherwise assembled
for collection.
D.
Householder to provide containers.
(1)
It shall be the duty of every person in possession, charge or control
of any place in or from which garbage is created, accumulated or produced,
to provide garbage containers capable of holding all garbage which
would ordinarily accumulate on such premises between the times of
successive collections. The owner of any multiple dwelling shall furnish
or require his tenants to furnish proper garbage containers and to
keep the area clean. Garbage containers located at multiple dwellings
shall be marked so as to indicate the apartment or flat to which they
belong.
(2)
The owner of any multiple dwelling unit shall be responsible for
the proper location of containers including the placement and removal
of containers from the pickup locations within the applicable time
limits.
E.
Materials deposited in garbage containers. Refuse may be deposited
in appropriate garbage containers for collection. No liquids of any
kind may be deposited in any container for collection. Human waste,
animal waste, ashes, sawdust and all other potentially infectious
or injury-causing materials shall not be deposited or placed in a
garbage container for collection unless such material has been approved
for collection by the Street Superintendent and is wrapped in a manner
satisfactory to the Street Superintendent. Garbage shall be drained
of all moisture and completely wrapped in paper before it is placed
or deposited in any container for collection.
F.
Location of containers. For daily storage and prior to collection
day, no garbage containers for refuse shall be placed, kept, stored
or located with the right-of-way of a street or alley and shall be
placed on an approved rack, concrete pad or other such base for protection
from mud, standing water of other elements. Covers shall be kept on
containers to prevent rainfall accumulation of animal littering.
G.
Collection of garbage and rubbish.
(1)
Time of collection. Collection of garbage shall be made at least
once a week on a day certain from private residences and commercial
establishments. This collection shall be referred to as a regular
pickup.
(2)
Time of deposit. Containers of garbage and rubbish shall be placed
in an area as specified hereinafter, no later than 7:00 a.m. on the
date of collection, but not sooner than 7:00 p.m. on the day preceding
collection. Containers shall be removed from the deposit no later
than 7:00 a.m. on the day after collection.
(3)
Containers of garbage and rubbish, including container as defined
herein, or plastic bags, shall be placed within three feet of the
curb in the curb-lawn area, or within three feet of the edge of the
alley on private property.
(4)
Special conditions for regular pickup.
(a)
During winter months, plastic bags, containers, tipper carts,
or other refuse shall not be placed on snow banks but shall be placed
in a cleared driveway or a cleared section of the deposit area if
there is no driveway.
(b)
Containers will not be emptied if the container and its contents
exceed 50 pounds. Tipper cart weight shall not exceed 200 pounds.
(c)
Containers which do not comply with the provisions of Subsection G(4)(b) herein shall not be emptied.
(d)
Bulk debris will not be collected unless properly bundled.
(e)
Bulk debris will not be collected if it exceeds five feet in
length and/or exceeds 50 pounds in weight.
(f)
Special pickup-waste material will not be collected on a regular
pickup.
(g)
City employees shall not enter onto private property for the
collection of garbage and rubbish, except onto the deposit area, or
to collect special containers which have been approved as to type
and location by the Street Superintendent.
(h)
City employees will not remove containers from stationary or
portable racks unless said racks have been approved by the Street
Superintendent.
(i)
City employees will not remove containers from obstructed locations.
(j)
Yard waste shall not be collected during regular pickups and
branches shall only be collected by special pickups as herein provided.
H.
Collection of other refuse.
(1)
The collection of other material not specifically elsewhere provide
for or prohibited in this ordinance shall be made by special pickup.
Special pickups shall be subject to the limitations of this ordinance
and to such further limitations as the Street Superintendent shall
determine are necessary to ensure the collection and disposal and
does not violate state or federal laws, codes or rules and is not
ecologically or economically unreasonable.
(3)
The Street Superintendent shall issue specific instructions to the
person requesting a special pickup to facilitate collection. If said
instructions are not complied with, the City may refuse to collect
the waste material.
(4)
When and as the Street Superintendent determines he is able to dispose
of tree branch, shrub and bush material without violating any state
or federal laws, codes or rules, tree branch, shrub and bush pickup
or chipping shall be done as scheduled by the Street Superintendent.
No other yard waste will be collected by special pickup.
I.
Special conditions for special pickup.
(1)
All waste material shall be bundled, boxed or otherwise assembled
to facilitate pickup, either manually or mechanically, and shall be
placed in the deposit area in the same manner as for regular pickup.
(2)
The City will not provide special pickup service of waste material
which is the result of work done by a private contractor even though
a building or demolition permit was issued to the owner of said premises.
Whenever a private contractor performs work on private premises from
which waste material result, the owner or contractor shall be responsible
for its disposal.
(3)
Tree branches and shrubbery limbs up to six inches diameter which
are placed for special pickup may be left in any lengths. Any wood
exceeding six inches in diameter shall be cut into logs not exceeding
five feet in length.
J.
Hardship. Persons who are physically unable, due to illness or injury,
to deposit garbage or refuse for regular collection as required herein
may arrange for a special hardship pickup. Garbage and refuse shall
be deposited in plastic bags which shall be securely sealed on the
collection day. Plastic bags shall be stored in approved metal or
plastic containers which shall be located on the property in a location
approved by the Street Superintendent. Plastic bags with garbage and
refuse shall not be stored in the open.
K.
Special conditions relating to regular and special pickups.
(1)
City employees, in the collection of garbage and rubbish or special
pickup - waste material, shall not enter onto private property, either
on the outer or inner premises of said private property to remove
or collect said garbage and refuse except from the deposit area.
(2)
It shall be unlawful for any person other than authorized agents
or employees of the City to collect or dispose of garbage and rubbish
in the City of South Milwaukee except as herein provided.
(3)
It shall be unlawful for any person to deposit garbage or rubbish
in any deposit area which is not adjacent to the property he owns
or occupies without the consent of the owner of the property adjacent
to the deposit area.
(4)
Responsibilities of licensed waste haulers. All refuse haulers shall
comply with Notification of Recycling Requirements for Waste Haulers
under § NR 502.06, Wis. Adm. Code.
L.
Nuisance. The keeping of refuse in containers other than those described
herein or the keeping of garbage and refuse upon premises which is
allowed to become offensive shall constitute a public nuisance and
shall be abated in the manner provided by law.
M.
Enforcement. Any police officer, health officer, Public Health Administrator
or designee, the Street Superintendent or his appointed designees
may issue a citation for violation of the provisions of this ordinance.
Regulation as to the self-deposit of garbage and refuse in the
City of South Milwaukee Self-Deposit Station.
A.
GARBAGE
LIQUIDS
REFUSE
RUBBISH
STREET SUPERINTENDENT
YARD WASTE
Definitions. The following words, when used in these regulations
shall have the meanings respectively ascribed to them:
All refuse accumulations of animal, fruit or vegetable matter
that attend the preparation use, cooking, dealing in or storage of
meat, fish, fowl, fruits or vegetables, and containers originally
used for foodstuffs. Liquids are not garbage.
No liquids may be disposed of at the Self-Deposit Station
except those the Street Superintendent is able to recycle and then
only in those receptacles which the operator designated for collection
of such liquids.
Garbage, rubbish or both. Refuse does not include yard waste, liquids or recyclables as described in § 26.11.
All other refuse except, but not limited to, rocks, concrete,
bricks, wood and lumber, trees, plaster, dirt, and other solid material
similar to those described herein. Yard waste is not rubbish.
The Street Superintendent or his designated representative.
Herein means those materials defined in Wis. Stats., § 159.07,
and includes leaves, grass clippings, yard and garden debris and brush
including clean woody vegetative material no greater than six inches
in diameter.
B.
Garbage to be deposited in containers or assembled for collection.
(1)
Garbage and refuse shall be assembled and stored for disposal in
the Self-Deposit Station in accordance with the provisions of rules
promulgated by the City Administrator.
C.
Materials deposited in self-deposit station compactor. Refuse may
be deposited directly into the Self-Deposit Station compactor. No
liquids of any kind may be deposited in the compactor. Human waste,
animal waste, ashes, sawdust or other potentially infectious or injury-causing
materials shall not be deposited or placed in the compactor unless
such material is approved by the Street Superintendent and wrapped
in a manner satisfactory to the Street Superintendent or Operator.
Garbage shall be drained of all moisture and completely wrapped in
paper before it is placed or deposited in the compactor.
(1)
No yard waste, including grass clippings and leaves, shall be deposited
at the Self-Deposit Station compactor except as allowed by the Street
Superintendent.
D.
Self deposit of garbage and rubbish in the self-deposit station.
(1)
Time of deposit. Hours of operation of the Self Deposit station shall
be determined by the Street Superintendent based on usage and budgetary
needs.
[Amended 5-18-2010 by Ord. No. 2004]
E.
Self deposit of metals and other materials.
(1)
Shall be deposited in a manner and location directed by the Self-Deposit
Station Operator.
(2)
The City will not accept or allow deposit of waste materials by private
contractors or accept materials which are a result of work done by
a private contractor even though a building or demolition permit was
issued to the owner of said premises. Whenever a private contractor
performs work on private premises from which waste material results,
the owner or contractor shall be responsible for its disposal.
(3)
Material originated from a property or building not within the City
limits of the City of South Milwaukee shall not be deposited at the
Self-Deposit Station or at the curb for pick-up.
(4)
Dump trucks shall not be allowed at the Self-Deposit Station for
the purpose of disposing of concrete, dirt, stone or black top. Dump
trucks may be used for the hauling of furniture, garbage and items
that could be deposited directly into the compactor if authorized
by the Street Superintendent or his designated representative.
A.
It shall be unlawful for any person, other than authorized employees
of the Street Department or the Recycling firm employed by the City,
to pick through, sort, scavenge or removed recyclable materials including
but not limited to Freon bearing appliances, washer, dryers, hot water
heater and scrap metal from any property served by the City's
Street Department or Recycling firm, when such recyclables are sorted
and stored for collection as described in this section.
B.
It shall be unlawful for any person other than those approved by
the owner or manager to pick through, sort, scavenge or remove recyclable
materials and materials assembled for special pick up from multiple-family
dwellings and/or private non-residential facilities or properties.
A.
For the purpose of ascertaining compliance with the provisions of
this ordinance, any authorize officer, employee or representative
of the City of South Milwaukee may inspect recyclable materials separated
for recycling, postconsumer waste intended for disposal, recycling
collection sites and facilities, collection vehicles, collection areas
of multiple-family dwellings and non-residential 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 refuse containers to any authorized officer,
employee or authorized representative of City of South Milwaukee 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 ordinance may be issued
a citation by the City Administrator or his designee. The issuance
of a citation shall not preclude 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 paragraph.
