[HISTORY: Adopted by the Common Council of the City of Mayville as indicated in article histories. Amendments noted where applicable.]
Article I Collection, Disposal and Recycling
Article II Waste Haulers
[Adopted by Ord. No. 801-94 (§§ 11.07 and 11.16 of the 1989 Code); amended by Ord. No. 852-97; Ord. No. 888-99]
As used in this article, the following terms shall have the meanings indicated:
- APPROVED GARBAGE CONTAINER
- Only bags or other approved container which has a lid or cover.
- BIMETAL CONTAINER
- A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
- BULK MATERIALS
- Refuse in quantities exceeding those normally collected and shall include such items as furniture, fixtures, plumbing, plastic and metal objects except food containers, but excluding all appliances, tires and building and remodeling debris.
- CONTAINER BOARD
- 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:
- High-density polyethylene, labeled by the SPI Code No. 2.
- Low-density polyethylene, labeled by the SPI Code No. 4.
- 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.
- MULTIFAMILY DWELLING
- A property containing five or more residential units, including those which are occupied seasonally.
- 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.
- 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.
- 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.
- POSTCONSUMER WASTE
- Solid waste other than solid waste generated in the production of goods or hazardous waste as defined in § 289.01(12), Wis. Stats.
- Polypropylene, labeled by the SPI Code No. 5.
- Polystyrene, labeled by the SPI Code No. 6.
- Polyvinyl chloride, labeled by the SPI Code No. 3.
- RECYCLABLE MATERIALS
- Includes 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 all 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.
All properties shall separate the following materials from postconsumer waste:
Corrugated paper and other container board.
Foam polystyrene packaging.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins.
To the greatest extent practical, the recyclable materials shall be cleaned and kept free of contamination 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.
The separation requirements above do not apply to the following:
Occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources.
Solid waste which is burned for supplemental fuel at a facility if less than 30% of the heat input into the facility is derived from the solid waste burned as supplemental fuel.
A recyclable material specified above 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.
Regular garbage pickup.
Service provided. Regular garbage pickup will be provided once each week by private contractor, as arranged by the property owner.
Placement. Garbage and refuse shall be placed at the curb or roadside of an alley as approved by the Director of Public Works on the scheduled collection day. Garbage or refuse shall not be placed for collection more than 12 hours before collection and must be out before 7:00 a.m. on the collection day.
Recyclables prohibited from garbage and refuse. Recyclable items as defined in this article are prohibited from being commingled and placed in regular garbage containers and/or solid waste dumpsters and must be handled separately and in compliance with Subsection B of this section.
Illegal dumping and disposal prohibited. The Public Works Department shall, together with the Mayville Police Department, be responsible for investigating illegal dumping violations in compliance with this article and shall work with the contractors and Director of Public Works to ensure the effectiveness of the solid waste/recycling program in the City of Mayville.
Removal of trash container from curb. All residents shall have their trash and recyclable containers removed from the curb within 24 hours of pickup.
[Added 3-10-2003 by Ord. No. 936-2003]
Recycling pickup. The following items have all been defined as recyclable for the purpose of this article. The following is the requirement and pickup schedule for particular types of recyclables.
Service provided. Recyclable pickup will be provided once each week on the same day as the regular garbage pickup by private contractor.
Newspapers must be tied with string or twine in eight-inch bundles.
Magazines must be separated from newspapers and tied into eight-inch bundles.
Corrugated cardboard must be separated and cut into three-foot by three-foot pieces tied with string or twine in eight-inch bundles.
Waste oil is the only recyclable liquid which shall be accepted by the City of Mayville. It shall be disposed of at the municipal waste oil recycling site or at businesses offering that service.
The City of Mayville will provide free bulk disposal the last Saturday of each month from May through September from 8:00 a.m. to 12:00 noon at the designated dropoff facility. During the remainder of the year, property owners shall contract with a private hauler for these disposal services. This service will be provided to residential properties of four units or fewer. All other property owners shall contract with a private hauler for these services. The City will only accept bulk materials in the quantity of three cubic yards or less. Quantities above three cubic yards must be contracted for privately. Proof of residency is required for bulk material dropoff.
Service provided. No curbside pickup is provided. Residents may transport compostable yard and garden waste to the designated dropoff facility.
Placement. Bags, boxes or other containers used to transport these materials shall not be left at the dropoff facility. Compostables are to be removed from containers.
Yard and garden waste. This waste is prohibited from being placed in garbage collection containers or recyclable containers.
Materials prohibited. Materials with exceptional odor, animal waste, brush, or other nondesirable materials are prohibited from placement with the compostable material.
Service provided. The City of Mayville will provide leaf pickup at curbside in fall. Duration of leaf pickup is contingent upon weather conditions.
Placement. Residents shall place leaves in the terrace area between curb and sidewalk for pickup with the City of Mayville vacuum equipment. Bagging of leaves is not permitted at curbside. Leaves mixed with brush, twigs, garden debris, etc., will not be picked up.
Optional bagging method. If a property owner chooses to bag leaves, it shall be the property owner's responsibility to transport the leaves to the designated municipal dropoff point and remove the leaves from the bag at that facility. No containers shall remain at the dropoff location. No brush is permitted at the dropoff point.
Service provided. The City of Mayville shall provide curbside brush pickup on the second and last Monday of each month from May 1 through October 30 and the last Monday of each month from November 1 to April 30 to all residences.
Property served. All residential properties within the City of Mayville shall be served.
Placement period. Brush shall be placed curbside or roadside as directed by the Director of Public Works not more than 48 hours prior to scheduled pickup.
Branches shall be cut in lengths not more than 16 feet or less than five feet.
Branches shall not exceed 100 pounds or six inches in diameter.
Brush shall be stacked and ranged by size with butts all one way to permit efficient handling and chipping. Smaller branches and twigs shall be tied in bundles.
Brush will not be mixed with other material. (Garden debris, garbage, etc., will not be picked up.)
Pickup hours. Haulers of any solid waste or recyclable product governed by this article will only pick up Monday between the hours of 7:00 a.m. to 5:00 p.m., except for adjustments approved by the Director of Public Works.
Owners or designated agents of multifamily dwellings shall do all of the following to recycle materials listed above as recyclable:
Provide adequate, separate containers for recyclable materials.
Notify tenants, in writing, at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
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.
Notify tenants of reasons to reduce and recycle solid waste, 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.
The above requirements do not apply to owners or designated agents of multifamily dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials above described as recyclable from solid waste in as pure a form as is technically feasible.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle materials listed above as recyclable:
Provide adequate, separate containers for the recyclable materials.
Notify, in writing, at the time of renting or leasing the property and at least semiannually thereafter, all users, tenants and occupants of the facility or property about the established recycling program.
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.
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.
The above requirements do not apply to the owners or designated agents of nonresidential 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 above described as recyclable 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 above as recyclable, which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
It is not intended by this article 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 article imposes greater restrictions, the provisions of this article shall apply.
In their interpretation and application, the provisions of this article shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any power granted by the Wisconsin Statutes. Where any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretations shall apply. Where a provision of this article is required by Wisconsin Statutes or by a standard in 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 the Ch. NR 544 standards in effect on the date of the adoption of this article or in effect on the date of the most recent text amendment to this article.
It shall be the responsibility of the Director of Public Works to administer the content of this article. Items not specifically covered in this article shall be handled by him based on common municipal practices. If his decision is not acceptable to the property owner, the Public Works Committee shall review and decide complaints as requested.
For the purpose of ascertaining compliance with the provisions of this article, any authorized employee or representative of the City of Mayville may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multifamily dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the City who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
Any person who violates a provision of this article may be issued a citation by the Director of Public Works or an officer of the Mayville Police Department 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.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code.
[Adopted by Ord. No. 888-99 (§ 11.15 of the 1989 Code)]
No person, firm, partnership, corporation or association shall engage in the business of hauling recyclable materials or collect or transport any garbage, refuse, or commercial or industrial waste within the City limits of the City without obtaining a license from the City and the Wisconsin Department of Natural Resources under § NR 502.06, Wis. Adm. Code.
Application for such license shall be made in writing to the Clerk and shall include the address from which such business shall be conducted and shall be signed by the owner of the business. The application shall state the make, model and year and license number for each motor vehicle to be used by the applicant. No license shall be granted until the applicant has paid the fee and provides a certificate or policy of liability insurance as hereafter required to the Clerk.
Every person who engages in the business of collecting or transporting garbage, refuse, recyclable materials or commercial or industrial waste or shall offer such service to the public shall pay a license fee as set by the Common Council. The license year shall commence on January 1 and end on December 31 of each year. No license issued pursuant to this article shall be transferable.
Upon filing the application with the Clerk, together with a receipt showing payment of the license fee as provided for, the application shall be considered by the Clerk. If the application complies with this article, all required fees have been paid and it does not appear that any City ordinance or state law will be violated by the operation, the Clerk shall issue the license.
The Clerk shall provide a copy of the license for each truck to be used. A copy shall be carried in each truck and securely fastened in a conspicuous place so as to be readily seen at all times.
It is unlawful to operate a vehicle hereunder or permit the same to be operated unless the license holder shall first have deposited with the Clerk of a policy or a certificate of liability insurance covering all vehicles of all kinds used hereunder, said policy to be issued by an insurance company licensed to do business in the State of Wisconsin in the minimum amount of $1,000,000.
All waste haulers and recycling haulers and processors operating in Mayville are required to maintain records and report in writing to the Director of Public Works at least twice per year. Reports shall include the amount of solid waste and recyclables collected and transported from Mayville, the amount of solid waste and recyclables processed and/or marketed by item type from Mayville and the final disposal location of solid waste and recyclable material. Failure to report shall be cause for the City to revoke any license or sever any contract with the hauler/processor.
Licensed haulers must base their fees upon the volume collected.
Vehicle requirements. Vehicles must have metal bodies and be of such construction that there will be no dripping, dropping, or scattering of materials therefrom along streets, highways or alleys of the City. Each vehicle must have a cover approved by the Director of Public Works. The contractor shall cooperate and make each vehicle available for inspection during regular business hours.
Residential garbage and recyclable materials may only be collected through curbside collection on Monday of each week or such other day of the week as may be designated by the Common Council.
Licenses granted under this article may be suspended or revoked at any time by the Common Council for any substantial violation of this article. No license shall be revoked without an opportunity for a hearing.
Any person, firm or corporation violating any provision of this article shall be subject to a penalty as provided in § 1-4 of this Code for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.