HomeMy WebLinkAbout11-362AUGUST 10, 2011 11 -362 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: REPEAL AND RECREATE SOLID WASTE DISPOSAL / SECTION
23 -1, DEFINITIONS / SECTION 23 -3, RECYCLING REQUIRED,
RELATING TO SEPARATION OF DESIGNATED MATERIALS /
SECTION 23 -8, POINT OF STORAGE & POINT OF COLLECTION,
RELATED STORAGE OF CARTS & PLACEMENT FOR
COLLECTION / SECTION 23 -9, GENERAL REQUIREMENTS,
RELATED TO CART EXEMPTION PROGRAM / SECTION 23 -15,
NON - RESIDENT REFUSE DISPOSAL PROHIBITED RELATED TO
FEES
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING CHAPTER 23 - SOLID WASTE DISPOSAL, SECTION 23 -1 PERTAINING
TO DEFINITIONS, SECTION 23 -3 PERTAINING TO RECYCLING REQUIRED, SECTION
23 -8 PERTAINING TO POINT OF STORAGE AND POINT OF COLLECTION, SECTION
23 -9 PERTAINING TO GENERAL REQUIREMENTS, AND SECTION 23 -15 PERTAINING
TO NON - RESIDENT REFUSE DISPOSAL PROHIBITED.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Chapter 23, Solid Waste Disposal, Section 23 -1 of the Oshkosh
Municipal Code pertaining to the Definitions is hereby repealed and recreated to read as
follows:
SECTION 23 -1 Definitions
The following definitions shall apply unless a different meaning appears from the context.
(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
(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.
SECTION 2. That Chapter 23, Solid Waste Disposal, Section 23 -3 of the Oshkosh
Municipal Code pertaining to Recycling is hereby repealed and recreated to read as
follows:
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
(1) Aluminum containers
(2) Bi -Metal containers
(3) Corrugated paper or other container board
(4) Glass containers
(5) Magazines
(6) Newspapers
(7) Office paper
(8) Plastic containers labeled by SPI (Society of the Plastics Industry) codes #1 &
2 (narrow neck)
(9) Steel containers
Recyclable Items — Special Collection & / or Disposal Required
(1) Waste Oil - see Section 23- 9(J)(1)
(2) Lead Acid Batteries - see Section 23- 9(J)(2)
(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)
(6) Major Appliance - see Section 23- 9(L)(1)
SECTION 3. That Chapter 23, Solid Waste Disposal, Section 23 -8 of the Oshkosh
Municipal Code pertaining to the Points of Storage and Collection is hereby repealed and
recreated to read as follows:
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.
(2) Notwithstanding paragraph (A)(1) above, solid waste shall not be stored in the
following 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 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 maybe
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, 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, i.e.:
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. During winter months, residents will need to
clear an area at the curb or driveway apron for cart placement. Carts placed
on top of snow banks will not be collected.
SECTION 4. That Chapter 23, Solid Waste Disposal, Section 23 -9 of the Oshkosh
Municipal Code pertaining to General Requirements 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 incapacity 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 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 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) Cart Exemption Program
(1) Residents that are physically unable to place their cart(s) at the curb, may
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 contacting 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; motorvehicle
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 1 st , 2010, electronics
were banned from Wisconsin landfills and are not allowed 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. See the
State of Wisconsin, Bureau of Waste and Materials Management, Wisconsin
Department of Natural Resources for an updated list of electronics to be
recycled. DNRWasteMatreials @Wisconsin.gov
(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 gardening /landscape
contractors 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.
(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 Division shall "tag" these containers and
pick -up shall not be made until the condition is remedied in compliance with this
ordinance.
SECTION 5. That Chapter 23, Solid Waste Disposal, Section 23 -15 of the Oshkosh
Municipal Code pertaining to Non - Resident Refuse Disposal is hereby repealed and
recreated to read as follows:
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 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.
SECTION 6. This ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 7. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #11 -XXX (A
GENERAL ORDINANCE OF THE CITY OF OSHKOSH ON SOLID WASTE DISPOSAL
REPEALING AND AMENDING SECTIONS 23 -1, 23 -3, 23 -8, 23 -9, AND 23 -15 on August
23, 2011. The ordinance adds definitions related to carts and electronics, revises the list
of items to be separated for recycling, outlines the proper storage and placement of carts,
adds an explanation of the cart exemption program for residents that are physically unable
to place their carts at the curb, and updates a section which includes electronics being
banned from Wisconsin landfills.
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
0
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Works
DATE: August 4, 2011
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 needs to be revised to clarify
procedures required due to the conversion to single stream recycling and the associated automated
collection equipment. Revisions are also required to clarify the electronics recycling requirements that
were recently instituted by the State of Wisconsin Department of Natural Resources.
ANALYSIS
The following changes are recommended:
23 -1(C) and 23 -1(D) — Create definitions for "cart" and "electronics"
23 -3 — Clarify items to be recycled in the blue cart and also highlight municipal code sections that explain
collection or disposal of waste oil, lead acid batteries, tires, electronics, yard waste, and appliances
23 -8(A) — Amend solid waste storage location for residential properties
23 -8(C) — Create collection placement requirements for carts
23 -9(C) — Allow dumpster collection for Lake Rest Lane
23 -9(F) — Create exemption program for residents that are physically unable to move a cart
23 -9(J) — Create requirement for recycling of electronics
23 -9(K) — Clarify that tree care and landscape contractors are prohibited from using the yard waste drop-
off site
23- 9(L)(2) — Amend to exclude electronics and to eliminate $50 cap for disposal of large items
FISCAL IMPACT
These changes are not anticipated to create any changes to expenses or revenues for the operating
budget of the Sanitation Division.
RECOMMENDATION
Staff recommends approval of this ordinance at the second reading.
Respectfully Submi ed, Approved:
David C. Patek Mark A. Rohlott
Director of Public Works City Manager
H: \tracyt \MEMOS TO MAYOR & COMMON COUNCIL \2011 \Chapter 23 Municipal Code Changes_84-11.doc