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HomeMy WebLinkAboutDraft of Solid Waste OrdinanceCity of Oshkosh CHAPTER 23 SOLID WASTE DISPOSAL ARTICLE I. GARBAGE AND RUBBISH DISPOSAL 23 -1 Definitions 23 -2 Intent 23 -3 Recycling Required 23 -4 Separation requirements Exempted 23 -5 Care of Separated Recyclable Materials 23 -6 Prohibition on Disposal of Recyclable Materials Separated for Recycling 23 -7 Standards of Service 23 -8 Point of Storage and Point of Collection. 23 -9 General Requirements 23 -10 Responsibilities of Owners or Designated Agents of Multifamily Dwellings 23 -11 Responsibilities of Owners or Designated Agents of Non Residential Properties 23 -12 Littering Prohibited. 23 -13 Private Collections 23 -14 Reporting Requirements. 23 -15 Non - Resident Refuse Disposal Prohibited 23 -16 Inspection Authority 23 -17 Dumping Grounds Regulations 23 -18 Penalties SECTION 23 -1 Definitions The following definitions shall apply unless a different meaning appears from the context. Municipal Code Revised 8/31/09 Facilities and (A) "Appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove, residential and commercial furnaces, boilers, dehumidifiers, and water heaters. (B) "Bi -metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum. (C) "Cart" means City of Oshkosh containers available through the Sanitation Division which are collected by automated collection vehicles. (D) "Electronics" includes but is not limited to: computers and computer peripherals, monitors, televisions and other video display devices, fax machines, DVD and VCR players, printers and cell phones. State of Wisconsin DNR list of banned electronics to be the determining factor as to what can be legally collected as trash. (E) "Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one of the following criteria: (1) is designed for serving food or beverages; (2) consists of loose particles intended to fill space and cushion the packaged article in a shipping container; or City of Oshkosh Chapter 23 — page 1 Municipal Code City of Oshkosh Municipal Code Revised 8131/09 (3) consists of rigid materials shaped to hold and cushion the packaged article in a shipping container (F) "Garbage" means discarded materials resulting from the handling, processing, preparation, storage, cooking and consumption of food, and discarded animal feces. (G) "Hazardous substance" means any substance or combination of substances which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment. This term includes, but is not limited to, pesticides and substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives, as determined by the Department of Natural Resources (H) "Institutional' means a non - profit establishment for public use including but not limited to the following: structures owned or operated by the county, state or federal government, or any subdivision thereof, excluding property owned or operated by the City of Oshkosh; a University school; hospital; church; or care facility for the elderly or disabled. (1) "Medical waste" means infectious waste and those containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste. (J) "Multiple dwelling" means residential structures with more than four dwelling units located within a structure or a complex of structures with at least one structure in the complex consisting of more than four dwelling units. (K) "Plastic container" means an individual, separate and rigid bottle, can, jar or carton, made from plastic, except for a blister pack as defined in Sec. 100.33(1)(c), Wis. Stats., as may be amended from time to time, that is originally used to contain a product that is the subject of retail sales defined in Sec. 100.30(2)(h), Wis. Stats., as may be amended from time to time. (L) "Recyclable material" means material in solid waste for which there exists a commercially demonstrated processing or manufacturing technology which uses the material as a raw material. (M) "Refuse" means all matters produced from industrial or community life, subject to decomposition, not defined as sewage or wastewater. This term does not include appliances, stones, concrete, dirt, plaster, tires, batteries, antifreeze, automotive engine waste oil, yard waste and building, demolition materials, and recyclables. (N) 'Residential' means (1) a structure consisting of no more than four dwelling units as that term is defined within chapter 30 of this code(2) a complex of structures with each structure in the complex consisting of no more than 4 dwelling units, or (3) a condominium association. (0) "Solid waste" means garbage, refuse, recyclable materials and all other discarded or salvageable solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations, and from domestic use and public service activities. (P) "Yard waste" means leaves, grass clippings, yard and garden debris and brush including clean woody vegetative material no greater than three (3) inches in diameter. This term does not include yard and garden debris and brush in excess of three (3) inches in diameter, stumps, roots or shrubs with intact root balls. City of Oshkosh Chapter 23 — page 2 Municipal Code City of Oshkosh SECTION 23 -2 Intent Municipal Code Revised 8/31/09 It is intended by this Chapter to establish regulations that reduce the amount of solid waste and other disposables in landfills and thus protect the public health and welfare and the environment. It is further intended by this Chapter to comply with mandatory recycling legislation and implementing regulations enacted by the State of Wisconsin, including Chapter 159 of the Wisconsin Statutes as may be amended from time to time. To the extent permitted by law, this Chapter is intended to serve as a municipal waste flow control ordinance in conjunction with program activities of Winnebago County and its Solid Waste Management Board. The provisions concerning recyclable materials are intended to become effective on January 1, 1992, or as soon thereafter as Winnebago County can accept such materials. The City administration may establish further regulations designating effective dates for particular areas of the City to phase -in implementation of this chapter. 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: Single Stream Blue Cart Items LZ Aluminum containers LZ Bi -Metal containers LZ Corrugated paper or other container board Glass containers Magazines Newspapers Office paper Ll Plastic containers labeled by SPI (Society of the Plastics Industry) codes #1 & 2 (narrow neck) Steel containers Recyclable Items — Special Collection & / or Disposal Required Waste Oil- see Section 23- 9(J)(1) (2) Lead Acid Batteries- see Section 23- 9(J)(2) City of Oshkosh Chapter 23 — page 3 Municipal Code City of Oshkosh (3) Waste Tires- see Section 23- 9(J)(2) (4) Electronics- see Section 23- 9(J)(3) (5) Yard Waste- see Section 23 -9(K) L61 Maior Appliance- see Section 23- 9(L)(1) SECTION 23 -4 Separation Requirements Exempted The separation requirements of section 23 -3 do not apply to the following: Municipal Code Revised 8/31/09 (1) Owners and Occupants of 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 section 23 -3 from solid waste in as pure a form as is technically feasible. (2) 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 a supplemental fuel. (3) A recyclable material specified in section 23 -3 for which a variance has been granted by the Department of Natural Resources under s. 159.11(2m), Wis Stats. or s. NR 544.14 Wis Admin. Code SECTION 23 -5 Care of Separated Recyclable Materials To the greatest extent practicable, the recyclable materials separated in accordance with section 23 -3 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. SECTION 23 -6 Prohibition on Disposal of Recyclable Materials Separated for Recycling 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 section 23 -3 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. SECTION 23 -7 Standards of Service (A) Residential Areas (1) Solid waste, with the exception of recyclable materials, shall be collected once a week from residential dwelling units according to a schedule set by the City. (2) Recyclable materials shall be collected from residential dwelling units according to a schedule set by the City. (3) The City will pick up plaster and building materials at a frequency not exceeding once per month from residential dwelling units, provided that the total amount does not exceed 35 gallons in capacity and is placed in containers, the gross weight of which does not exceed 50 pounds. (4) Condominium associations, owners of residential units located in the downtown Business City of Oshkosh Chapter 23 — page 4 Municipal Code City of Oshkosh Municipal Code Revised 8/31/09 Improvement District and owners of residential structures containing four (4) dwelling units may elect not to have solid waste and recyclables collected by the City for the entire condominium association or structure. Elections by condominium associations, owners of residential units located in the downtown Business Improvement District and owners of residential structures containing four (4) dwelling units are applicable to the entire condominium association or structure and may not be made on an individual basis by dwelling unit. If the condominium association, the owner of residential units located in the downtown Business Improvement District or the owner of a residential structure containing four (4) dwelling units elects not to have solid waste and recyclables collected by the city, the association, the owner of residential units located in the downtown Business Improvement District or the owner of the residential structure shall notify the Director of Public Works by October 1 of the current year of their election not to receive collection. If a condominium association, the owner of residential units located in the downtown Business Improvement District or the owner of a residential structure containing four (4) dwelling units who has previously made an election not to have solid waste and recyclables collected by the city elects to have collection of solid waste and recyclables by the city for the following year, the association or owner of the structure shall notify the Direct of Public Works by October 1 of the current year of their election to have collection done by the city for the following year(s). (B) Multiple Dwelling Structures (1) (renumber paragraphs (2) and (3)) (2) The City shall collect no solid waste or recyclable materials from multiple dwelling structures or complexes. (3) Recyclable materials shall be kept separate from other solid waste. (C) Commercial, Institutional and Industrial Units (1) (renumber paragraphs (2) and (3)) (2) The City shall collect no solid waste or recyclable materials from commercial, institutional and industrial establishments. (3) Recyclable materials shall be kept separate from other solid waste. SECTION 23 -8 Point of Storage and Point of Collection. (A) Storage (1) Solid waste shall be stored to the rear of a dwelling, unless visual screening is in place preventing containers for solid waste from being visible to the front or side of a Property. () Notwithstanding paragraph (A)(1) above, solid waste shall not be stored in the followin_g locations: (a) On any side of a building that faces a public right -of -way except alleys. (b) On, under or alongside of a front porch, stoop, landing, accessible ramp, or City of Oshkosh Chapter 23 — page 5 Municipal Code City of Oshkosh Municipal Code Revised 8131/09 deck fronting on the public right -of -way, or (c) Within 15 feet of the public right -of -way except during collection time periods. (3) Variance to this section may only be approved in writing by the Board of Public Works. (4) No person shall store any garbage, recycling, yard waste, refuse or any container for any of these items in violation of this section. (5) Pursuant to State Statutes, a special charge for collection of any items may be imposed against any parcel or property for any items placed within the terrace or Public right -of -way before or after scheduled collection periods. (B) Collection (1) All solid waste must be placed for collection on the terrace or at the edge of the roadway in the public right -of -way area where no terrace exists. (2) If the property owners sign a waiver and release, releasing the City from damage liability to curbs, gutters, sidewalks and driveways, the City may collect solid waste from the following private roadways: Kope Avenue, Cove Lane, Crimson Lane, Magnolia Avenue, Indigo Drive, Virginian Street, Glenwood Drive, Glenway Drive, Glenwalk Drive, Glenview Lane, G°e Glenshire Lane, Glenkirk Lane, Glenhurst Lane, Glenbrook Lane, Glenayre Lane, Lakeview Court and the private roadways within Lakeview Mobile Home Park. All solid waste must be placed for collection on the edge of the private roadway. (3) If the property owners sign a waiver and release, releasing the City from damage liability to curbs, gutters, sidewalks and driveways, the City may collect solid waste from private driveways in condominium associations. All solid waste must be placed for collection on the edge of the private driveway. (4) Solid waste shall not be placed out for collection before 4 o'clock P.M. of the day preceding a regularly scheduled pick -up or a previously announced date for collection of recyclable materials and containers shall be returned by the persons to the point of storage within twelve (12) hours after collection. Containers must be set out by 7:00 a.m. on the day of collection. A collection charge and administrative fee per occurrence will be assessed when the City must return to collect a container set out after the regularly scheduled collection has occurred, the amount charged to each lot or parcel of land shall be charged to the owner of the property and if not paid shall be assessed against the real estate as a special charge pursuant to State Statutes (C) Solid Waste Cart Placement Recommendations (1) Carts shall be placed within 1 foot of the curb or edge of pavement with the arrow on the lid facing the street. Area's that have no terrace should place their cart at the house edge of the sidewalk (2) There must be at least 3 feet of space between the cart and other objects ie: trees, poles, mailboxes, plantings, parked cars, and garbage/ refuse (3) Carts that cannot be collected without causing possible damage to property or vehicles will not be collected until the resident corrects the problem(s) (4) Carts must remain at ground level. Durinq winter months, residents will need to clear an area at the curb or driveway apron for cart placement. Carts placed on to City of Oshkosh Chapter 23 — page 6 Municipal Code City of Oshkosh SECTION 23 -9 of snow banks will not be collected. General Requirements Municipal Code Revised 8/31/09 (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 119107) (C) No rear loaded containers (dumpsters) shall be allowed with the exception of Lake Rest Lane and Municipal Properties (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 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 City of Oshkosh Chapter 23 — page 7 Municipal Code City of Oshkosh Municipal Code Revised 8/31/09 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) (R€S€R Cart Exemption Program (1) Residents that are physically unable to place their cart(s) at the curb, ma apply for an exemption (2) Residents must submit proof of their medical or other condition that does not allow them to bring their cart(s) to the curb. Exemption forms maybe obtained by contactin_g the Sanitation Division. Forms must be signed by the medical provider and returned to the Sanitation Division Office. Medical exemptions must be renewed annually. (3) Exempt Residents must keep a clear pathway to the cart during inclement weather, and secure any animals on the property during collections. (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 substances, electronics, 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. (3) Electronics includes but is not limited to: computers and computer peripherals, monitors, televisions and other video display devices, fax machines, DVD and VCR players, printers and cell phones. As of September 1S 2010, electronics were banned from Wisconsin landfills and are not allowed City of Oshkosh Chapter 23 — page 8 Municipal Code City of Oshkosh Municipal Code Revised 8/31/09 in the waste stream. Electronics must be recycled through local vendors or the Winnebago County Landfill Drop off Site. The City will not collect these items at the curb. Seethe State of Wisconsin, Bureau of Waste and Materials Managrement, Wisconsin Department of Natural Resources for an updated list of electronics to be recycled. DNRWasteMatreials (a (K) Yard waste, except brush as outlined below, 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. Private tree care or gardenin_allandscape contractors Gemmefeial WmmeFs amdhauiera shall be prohibited from using the drop off center. (L) Items Requiring Special Prepaid Fees for collection (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; ; 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- piok (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 t The owner shall keep the area other materials are mixed with material shall be tagged and responsible to either dispose recyclable and non - recyclable pickup date. free of any junk, litter, debris or recyclable materials in a dumpste r left on site. The owner of the of the materials or materials for proper he recyclable area. other condition. If or otherwise, the property shall be to separate the materials into pickup at the next scheduled City of Oshkosh Chapter 23 — page 9 Municipal Code City of Oshkosh Municipal Code Revised 8/31/09 (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 Ses-fiGn Division shall "tag" these containers and pick -up shall not be made until the condition is remedied in compliance with this ordinance. SECTION 23 -10 Responsibilities of Owners or Designated Agents of Multiple Dwelling Structures (1) Owners or designated agents of multiple dwelling structures shall do all of the following in compliance with this ordinance: (a) Provide adequate, separate containers for the recyclable materials; (b) educate all tenants as to the requirements of this chapter. The owner shall be responsible to notify tenants initially upon move -in and semi - annually thereafter of the requirements of this ordinance. (c) 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; (d) 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. (2) The requirements specified in (1) do not apply to the owners or designated agents of non- residential facilities and properties if the post - consumer 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 section 23 -3 from solid waste in as pure a form as is technically feasible. (3) The owner of rental property shall be responsible for violations of this chapter occurring on rental property. SECTION 23 -11 Responsibilities of Owners or Designated Agents of Non - Residential facilities and properties (1) Owners or designated agents of non - residential facilities and properties shall do all of the following in compliance with this ordinance: (a) Provide adequate, separate containers for the recyclable materials; (b) educate all tenants as to the requirements of this chapter. The owner shall be responsible to notify tenants initially upon move -in and semi - annually thereafter of the requirements of this ordinance. (c) if collection is not provided by the City, 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; (d) notify users, tenants and occupants of reasons to reduce and recycle, which City of Oshkosh Chapter 23 —page 10 Municipal Code City of Oshkosh Municipal Code Revised 8/31/09 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. (2) The requirements specified in (1) do not apply to the owners or designated agents of non- residential facilities and properties if the post- consumer 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 section 23 -3 from solid waste in as pure a form as is technically feasible. (3) The owner of rental property shall be responsible for violations of this chapter occurring on rental property. SECTION 23 -12 Littering Prohibited. (A) No person shall throw, place or deposit any garbage or rubbish in any street, alley, public place, or private property within the city limits except in garbage containers or in rubbish containers as herein provided. (B) No person shall throw, place or deposit any garbage or rubbish in any garbage containers or rubbish containers not owned by them without permission or authorization of the owner of those containers. SECTION 23 -13 Reserved SECTION 23 -14 Reporting Requirements. Where solid waste is privately collected, it shall be the responsibility of the property owner to keep records of its disposal, including the identification of the collector, the amount of solid waste collected, the amount or percentage of recyclables collected, and disposal site. Where recyclable materials are privately collected, it shall be the responsibility of the owner to assure that recyclable materials are properly delivered to a recycling processing facility or end user of recyclables and to keep all records as needed to document and otherwise comply with state and local regulations. All records required to be kept under this chapter shall be provided to the Director of Public Works on an annual basis, on or before February 15th each year. SECTION 23 -15 Non - Resident Refuse Disposal Prohibited (A) No person residing outside the City limits shall bring into the City for disposal any garbage, rubbish or other items of a combustible or noncombustible nature. (B) Any person violating the provisions of this Section shall be assessed the actual costs incurred by the City of for proper disposal together with an administrative charge. The imposition and collection of any forfeiture prescribed by this Chapter shall not bar the right of the City to collect the costs of disposal as herein provided. City of Oshkosh Chapter 23 — page 11 Municipal Code