HomeMy WebLinkAbout09-130MARCH 24, 2009
FIRST READING
(CARRIED
5 -1
APRIL 14, 2009 09 -91 09 -130 ORDINANCE
SECOND READING
LOST LAID OVER WITHDRAWN )
PURPOSE: REPEAL AND RECREATE SECTION 23 -9 / SOLID WASTE
DISPOSAL — GENERAL REQUIREMENTS / ELIMINATION OF
REQUIREMENTS RELATED TO BLUE BAG RECYCLING
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING SECTION 23 -9 PERTAINING TO SOLID WASTE DISPOSAL -- GENERAL
REQUIREMENTS
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Section 23 -9 of the Oshkosh Municipal Code pertaining to the
General Requirements for Solid Waste Disposal is hereby repealed and recreated to read
as follows:
SECTION 23 -9 General Requirements
(A) All garbage shall be drained and wrapped in paper and kept in containers of
galvanized iron or other non - rusting metal, non - breakable plastic or rubber, or in
plastic bags.
(1) If garbage is stored and placed upon the terrace for collection in plastic bags,
such bags shall be intended for such use, have a thickness of no less than 1.3 mils
and be properly secured. Unless such bag is designed for use with a garbage
compactor, paper sacks or bags shall not be considered an adequate container and
shall not be picked up. Bags shall not exceed thirty -five (35) gallons in capacity or 50
pounds in weight.
(2) If garbage is placed in containers such garbage shall be placed in bags as
described in paragraph (1) above or otherwise secured in a manner which
prevents the blowing or scattering of materials from the container.
(3) Containers shall not exceed thirty -five (35) gallons in capacity or a combined
weight of fifty (50) pounds. Metal, plastic and rubber containers shall have
undamaged lifting handles. Lids shall be removed from all containers when
set on the terrace for collection.
(B) (Repealed 1/9/07)
(C) No rear loaded containers (dumpsters) shall be allowed.
(D) Bulky items, such as brush less than three (3) inches in diameter, corrugated paper,
floor covering shall be tied in bundles not to exceed four (4) feet in length, nor fifty
(50) pounds in weight.
(E) Recyclables
(1) Containers and Foam Polystyrene Packaging
All residential dwelling units; multiple family units; commercial, institutional
and industrial establishments shall separate the containers and packaging
materials designated under section 23 -3 for recycling.
If the unit or establishment receives collection from the City, these materials
shall be placed at the street in accordance with the rules, procedures, and
schedules specified by the Board of Public Works.
(2) Paper Materials
All residential dwelling units; multiple family units; commercial, institutional and
industrial establishments shall separate the materials designated under
section 23 -3 for recycling.
If the unit or establishment receives collection from the City, the paper
materials specified above shall be placed at the street in accordance with the
rules, procedures, and schedules specified by the Board of Public Works.
(3) If such materials are not properly prepared for collection or are commingled
with other acceptable solid waste materials placed for collection,
subparagraph (0) will apply.
(F) (RESERVED)
(G) (RESERVED) (Repealed 4/14/09)
(H) Ashes shall be placed in plastic bags not less than two (2) mil thickness. No more
than twenty -five (25) pounds of ashes shall be placed in each bag.
(1) Animal feces shall be properly disposed of by wrapping in paper, then placing it in a
suitable plastic disposable container.
(J) Stones, concrete, dirt, tires, batteries, antifreeze, medical waste, hazardous
substance, and automotive engine waste oil are not allowed in the solid waste
stream and will not be picked up. Any container with such prohibited materials will
not be picked up.
(1) Disposal of automotive engine waste oil, which shall be free of all
contaminants, solvents, hazardous materials, etc., shall be permitted at
City- designated collection sites. No person residing outside the City limits
shall bring into the City and dispose at any City- designated collection site any
automotive engine waste oil.
(a) As used in this section: automotive engine oil means any oil to be
used in the engine or crankcase of a motor vehicle; engine waste oil
means automotive engine oil after it is used and removed from the
engine or crankcase of a motor vehicle but before that oil is recycled;
motor vehicle means any vehicle propelled by an internal combustion
engine and includes any automobile, truck, bus, motorcycle,
snowmobile or vehicle which travels on or off roads or highways.
(2) Lead Acid Batteries /Waste Tires shall be taken to a vendor or other
establishment capable of properly processing these items. A list of vendors
or other establishments shall be established and made available to the public
through the office of the Sanitation Division of the Department of Public
Works.
(K) Yard waste, except brush, shall not be allowed in the solid waste stream and will not
be collected. Such waste shall be deposited only at the City- designated collection
site. Such waste shall be deposited loose and only during the hours posted at the
collection site. The collection site may be used after purchasing a permit for the
yearly fee established by the common council as part of the budget process. Brush
may be set out for collection once per month, provided it is prepared for collection as
outlined in this Chapter, and may also be deposited at the City- designated collection
site as yard waste. Twigs and hedge trimmings may be set out for collection at the
same time as brush collection provided that such items are placed within
biodegradable paper bags. Yard waste which is brought to the drop off center shall
not exceed six (6) inches in diameter and /or six (6) feet in length. All yard waste
being transported to the drop off center must be properly secured with a tarp. The
deposit of stumps, stones and dirt shall be prohibited at the drop off center.
Commercial trimmers and haulers shall be prohibited from using the drop off center.
(L) (1) Appliances and other items containing metal which include but are not limited
to engines, car parts, swing sets, piping, springs, lawn mowers, bicycles, which
require special arrangements for pick -up must be kept separate from all other solid
waste. No person, property owner, or occupant or person in charge of the property
shall place such items for pick -up and disposal by the City unless the person has
previously arranged for a special pick -up of such items by payment in person to the
City Treasurer at City Hall of a $23.00 per appliance and $13.00 per item for other
metal containing items.
(2) Large items, which include but are not limited to: mattresses, box springs,
hide -a -beds, upholstered furniture such as couches, davenports, love seats,
recliners, chairs; kitchen and dining room tables; televisions (20 inches or larger);
desks; entertainment centers and other entertainment consoles; dressers, vanities,
chest -of- drawers and similar furniture; head boards, and objects larger than three -
foot by three -foot by three -foot, which require special arrangements for pick -up must
be kept separate from all other solid waste. No person, property owner, or occupant
or person in charge of the property shall place such items for pick -up and disposal by
the City unless the person has previously arranged for a special pick -up of such
items by payment in person to the City Treasurer at City Hall of $10.00 per item,
$50.00 cap per pick -up.
(M) The owners of the collection containers shall keep them clean and in a sanitary
condition. Maintenance and repair of all containers used for the collection of garbage
and refuse shall be the responsibility of the owner.
(N) The owner of the property shall be responsible for maintaining the recyclable area.
The owner shall keep the area free of any junk, litter, debris or other condition. If
other materials are mixed with recyclable materials in a dumpster or otherwise, the
material shall be tagged and left on site. The owner of the property shall be
responsible to either dispose of the materials or to separate the materials into
recyclable and non - recyclable materials for proper pickup at the next scheduled
pickup date.
(0) If solid waste or recyclable materials are not prepared according to the provisions of
this Chapter, or are not placed in suitable containers or location or if a container is
damaged, employees of the Sanitation Section shall "tag" these containers and
pick -up shall not be made until the condition is remedied in compliance with this
ordinance.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage, publication, establishment of a schedule for single stream recycling by the Board
of Public Works and notification to city residents.
SECTION 3. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #09 -130 REPEAL
AND RECREATE SECTION 23 -9 / SOLID WASTE DISPOSAL — GENERAL
REQUIREMENTS / ELIMINATION OF REQUIREMENTS RELATED TO BLUE BAG
RECYCLING, on April 14, 2009. The ordinance eliminates code provisions related
to blue bag recycling in preparation for the change to single stream recycling. The
change will become effective only after the establishment of a schedule for single
stream recycling and notification to city residents.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone
920/236-5011.
CITY HALL
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903 -1130 City of Oshkosh
OfHKOfH
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works
DATE: March 19, 2009
RE: Chapter 23 of the City of Oshkosh Municipal Code - Revisions Relating to Disposal of
Garbage and Recyclable Materials
BACKGROUND
Chapter 23 of the City of Oshkosh Municipal Code covers the regulations relating to the disposal of
garbage and recyclable materials. The current text of this chapter details the procedures for the
collection of recyclable material under Section 23 -9 (General Requirements). The procedures need to be
revised per the Common Council direction to utilize the single stream recycling processing facility which is
being built by the Winnebago County Solid Waste Management Board.
ANALYSIS
The following changes are recommended:
23 -9(E) Eliminate the text requiring can /bottles be placed in blue plastic bags. Eliminate text requiring the
bundling of cardboard and the placing of paper in plastic bags. The new text indicates that collection of
recyclables shall be in accordance with rules, procedures, and schedules specified by the Board of Public
Works (City Manager).
23 -9(G) Eliminate the text requiring the bundling of cardboard. These regulations are now covered under
Section 23 -9 (E).
23- 9(J)(2) Establish the Sanitation Division of the Department of Public Works as the contact for
information on disposal of lead acid batteries and waste tires.
23 -9(M) Clarify that residents are responsible for the maintenance of containers utilized for the storage of
garbage or refuse.
FISCAL IMPACT
Implementing the collection of recyclable materials prepared in the single stream fashion is estimated to
provide a net decrease of the Sanitation Division expenses in the Operating Budget.
RECOMMENDATION
Staff recommends approval of this ordinance at the second reading.
Respectfully Submitted, Approved:
David C. Patek Mark A. Rohloff
Director of Public Works City Manager
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SECTION 23 -3 Recycling Required
All occupants of buildings, both residential and non - residential, shall separate for recycling the following
materials as designated and publicized for recycling by the Director of Public Works:
(1) Lead acid batteries
(2) Major appliances
(3) Waste oil
(4) Yard Waste
(5) Aluminum containers
(6) Bi -metal containers
(7) Corrugated paper or other container board
(8) Foam polystyrene packaging
(9) Glass containers
(10) Magazines
(11) Newspaper
(12) Office paper
(13) Plastic containers labeled by SPI codes 1 -7
(14) Steel containers
(15) Waste tires
SECTION 23 -9 General Requirements
(A) All garbage shall be drained and wrapped in paper and kept in containers of galvanized iron or other
non - rusting metal, non- breakable plastic or rubber, or in plastic bags.
(1) If garbage is stored and placed upon the terrace for collection in plastic bags, such bags
shall be intended for such use, have a thickness of no less than 1.3 mils and be properly secured.
Unless such bag is designed for use with a garbage compactor, paper sacks or bags shall not be
considered an adequate container and shall not be picked up. Bags shall not exceed thirty-five (35)
gallons in capacity or 50 pounds in weight.
(2) If garbage is placed in containers such garbage shall be placed in bags as described in
paragraph (1) above or otherwise secured in a manner which prevents the blowing or scattering of
materials from the container.
(3) Containers shall not exceed thirty -five (35) gallons in capacity or a combined weight of fifty
(50) pounds. Metal, plastic and rubber containers shall have undamaged lifting handles. Lids shall
be removed from all containers when set on the terrace for collection.
(B) (Repealed 1/9/07)
(C) No rear loaded containers (dumpsters) shall be allowed.
(D) Bulky items, such as brush less than three (3) inches in diameter, corrugated paper, floor covering
shall be tied in bundles not to exceed four (4) feet in length, nor fifty (50) pounds in weight.
City of Oshkosh Chapter 23 — page 1 Municipal Code
(E) Recyclables
(1) Containers and Foam Polystyrene Packaging
All residential dwelling units; multiple family units; commercial, institutional and industrial
establishments shall separate the containers and packaging materials designated under
section 23 -3 for recycling.
If the unit or establishment receives collection from the City, these materials shall be placed
at the street in accordance
with the rules, procedures, and schedules specified by the Board of Public Works.
GapaG ROF fifty (50) PGURds iR weight. All materials plaGed WithiR the appFeved bags mus
be cleaR and kept free Of GORtarninants. The City adM shall designate and
(2) Paper Materials
(a) All residential dwelling units; multiple family units; commercial, institutional and
industrial establishments shall separate the materials designated under section
23 -3 for recycling.
and GeFFugated paper.
If the unit or establishment receives collection from the City, the paper materials
specified above shall be placed at the street in accordance with the rules,
procedures, and schedules specified by the Board of Public Works. kept
separate ftem etheF soled waste and plaGed on papeF gr-eGeFy bags OF bundled fe
Ge GEWFUgelted paper materials must be flattened, bundled and not exGeed
feur (4) feet in length O R any diFeGtiGA. The total weight of eaGh GORtainelF or buRdle E)
material hall not eXGee -1 fifty (50) pound
(3) If such materials are not properly prepared for collection or are commingled with other
acceptable solid waste materials placed for collection, subparagraph (0) will apply.
(F) (RESERVED.)
(G)
(50) pounds in weight. (RESERVED.)
(H) Ashes shall be placed in plastic bags not less than two (2) mil thickness. No more than twenty -five
(25) pounds of ashes shall be placed in each bag.
(1) Animal feces shall be properly disposed of by wrapping in paper, then placing it in a suitable plastic
disposable container.
City of Oshkosh Chapter 23 - page 2 Municipal Code
(J) Stones, concrete, dirt, tires, batteries, antifreeze, medical waste, hazardous substance, and
automotive engine waste oil are not allowed in the solid waste stream and will not be picked up.
Any container with such prohibited materials will not be picked up.
(1) Disposal of automotive engine waste oil, which shall be free of all contaminants, solvents,
hazardous materials, etc., shall be permitted at City- designated collection sites. No person
residing outside the City limits shall bring into the City and dispose at any City- designated
collection site any automotive engine waste oil.
(a) As used in this section: automotive engine oil means any oil to be used in the
engine or crankcase of a motor vehicle; engine waste oil means automotive engine
oil after it is used and removed from the engine or crankcase of a motor vehicle but
before that oil is recycled; motor vehicle means any vehicle propelled by an internal
combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile
or vehicle which travels on or off roads or highways.
(2) Lead Acid Batteries/Waste Tires shall be taken to a vendor or other establishment capable
of properly processing these items. A list of vendors or other establishments shall be
established and made available to the public through the office of the Assi staR
Superintendent of Streets and Sanitat*019. Sanitation Division of the Department of
Public Works.
(K) Yard waste, except brush, shall not be allowed in the solid waste stream and will not be collected.
Such waste shall be deposited only at the City- designated collection site. Such waste shall be
deposited loose and only during the hours posted at the collection site. The collection site may be
used after purchasing a permit for the yearly fee established by the common council as part of the
budget process. Brush may be set out for collection once per month, provided it is prepared for
collection as outlined in this Chapter, and may also be deposited at the City- designated collection
site as yard waste. Twigs and hedge trimmings may be set out for collection at the same time as
brush collection provided that such items are placed within biodegradable paper bags. Yard waste
which is brought to the drop off center shall not exceed six (6) inches in diameter and /or six (6) feet
in length. All yard waste being transported to the drop off center must be properly secured with a
tarp. The deposit of stumps, stones and dirt shall be prohibited at the drop off center. Commercial
trimmers and haulers shall be prohibited from using the drop off center.
(L) (1) Appliances and other items containing metal which include but are not limited to engines, car
parts, swing sets, piping, springs, lawn mowers, bicycles, which require special arrangements for
pick -up must be kept separate from all other solid waste. No person, property owner, or occupant or
person in charge of the property shall place such items for pick -up and disposal by the City unless
the person has previously arranged for a special pick -up of such items by payment in person to the
City Treasurer at City Hall of a $23.00 per appliance and $13.00 per item for other metal containing
items.
(2) Large items, which include but are not limited to: mattresses, box springs, hide -a -beds,
upholstered furniture such as couches, davenports, love seats, recliners, chairs; kitchen and dining
room tables; televisions (20 inches or larger); desks; entertainment centers and other entertainment
consoles; dressers, vanities, chest -of- drawers and similar furniture; head boards, and objects larger
than three -foot by three -foot by three -foot, which require special arrangements for pick -up must be
kept separate from all other solid waste. No person, property owner, or occupant or person in
charge of the property shall place such items for pick -up and disposal by the City unless the person
has previously arranged for a special pick -up of such items by payment in person to the City
Treasurer at City Hall of $10.00 per item, $50.00 cap per pick -up.
City of Oshkosh Chapter 23 — page 3 Municipal Code
(M) The owners of the collection containers shall keep them clean and in a sanitary condition.
Maintenance and repair of all containers used for the collection of garbage and refuse shall be
the responsibility of the owner_
(N) The owner of the property shall be responsible for maintaining the recyclable area. The owner shall
keep the area free of any junk, litter, debris or other condition. If other materials are mixed with
recyclable materials in a dumpster or otherwise, the material shall be tagged and left on site. The
owner of the property shall be responsible to either dispose of the materials or to separate the
materials into recyclable and non - recyclable materials for proper pickup at the next scheduled
pickup date.
(0) If solid waste or recyclable materials are not prepared according to the provisions of this Chapter, or
are not placed in suitable containers or location or if a container is damaged, employees of the
Sanitation Section shall "tag" these containers and pick -up shall not be made until the condition is
remedied in compliance with this ordinance.
City of Oshkosh Chapter 23 — page 4 Municipal Code