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Ordinance amending Chapter 8.25 of the Wauwatosa Municipal Code related to recycling and solid waste
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The Common Council of the City of Wauwatosa do hereby ordain as follows:
Part I: Chapter 8.24 of the Wauwatosa Municipal Code is hereby amended in its entirety to read as follows:
8.24.010 Definitions
A. As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
"Combined refuse" is the refuse of animal, vegetable or synthetic substances which have been used or intended as food or other products for humans or animals, excluding recyclables, as may be accumulated in the customary use of a dwelling or place of business.
"Commercial/institutional" refers to business enterprises, except manufacturing, and the activities associated therewith. It includes churches, public and parochial education institutions, charitable organizations, and apartment buildings of more than four units, and all combination business residential properties, investment firms, managing real estate and any individual owning more than one property for profit.
"Construction waste" is waste resulting from building construction, alteration or repair, and earth from excavation.
"Curbside" means the area within five feet of the edge of the traveled portion of any public street or alley affording reasonable access to waste collection crews from the street or alley line, but only such portion thereof as lies on the roadway side of any drainage ditch.
"Domestic" refers to dwelling units and the household activities associated therewith and includes apartment buildings of four units or smaller.
"E-Waste" includes all covered electronic devices including a consumer video display device, consumer computers and related accessories (such as hard drives/towers, printers, keyboards, mice, and monitors), cell phones and televisions.
"Food scraps" are all waste, animal, fish, fowl, fruit or vegetable matter incidental to and resulting from the use, preparation and storage of food for human consumption, including spoiled food, but exclusive of such items when enclosed in containers of a noncombustible nature.
"Manufacturing wastes" is any and all wastes or refuse generated in the manufacturing process and/or activities associated therewith shall be excluded from any type of collection as furnished by the city.
"Person" is any person, firm, partnership, association, corporation, company or organization of any kind.
"Recyclables" consist of materials in the waste stream that can be remanufactured into useful products, specifically those materials described under Section 8.25.
"Responsible unit" or "RU" is the city who, for recycling grant purposes, has information available where city residents can take their covered electronic devices generated within the city for disposal. The director of public works is the authorized representative.
"Solid waste" is all domestic wastes including street sweepings and catch basin cleanings, except recyclables, yard waste, abandoned motor vehicles, sewage treatment residues, liquid or industrial wastes, and hazardous wastes including pathological wastes, explosives, and toxic chemicals or other wastes which according to existing or future laws or regulations require special handling in their collection and disposal.
"Special refuse" consists of large items such as discarded furniture, mattresses, and/or other large household equipment items, excluding "appliances" as defined in Section 8.25.090.
"Violator" means the person responsible for a violation of any provision of this chapter. The head of the household, manager or person in charge of the premises shall be presumed to be the person responsible.
"Yard waste" is all leaves, yard, and garden debris (except grass in the city of Wauwatosa) 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 rootballs or fruit from fruit-bearing trees.
8.24.020 Preparation, Storage And Disposal Of Solid Wastes
A. Domestic solid waste shall be collected and disposed of on a weekly basis by the public works operations division if prepared and stored in the manner prescribed in Section 8.24.030 or in Chapter 8.25.
B. Commercial/institutional solid waste is not collected or handled by the city and must be managed properly through a service agreement between the commercial/institutional entity and a licensed waste hauler.
C. Container Enclosures. The board of public works is empowered to require the construction of adequate enclosures for refuse containers whenever the location is such that weather elements or vandalism result in refuse being scattered about the premises so as to constitute a health hazard or a nuisance, or when, in the opinion of the board of public works, the location of the refuse containers for the property will have an adverse effect for adjoining properties or when the property will be aesthetically enhanced by such refuse enclosures. Any enclosures for refuse containers shall be large enough so that the containers will not bind, and shall have adequate openings so it will be feasible to remove the containers by sliding rather than lifting.
8.24.030 Domestic Solid Wastes
Domestic solid wastes collected and disposed of by the city include the following options for the handling of domestic solid wastes:
Option 1. Use of a city-furnished wheeled refuse cart, stored on the premises at each residence, and placed at the curbside or alley for pickup and disposal by city forces.
Option 2. Use of backyard collection service utilizing a city-furnished wheeled refuse cart stored in an off-street location on the premises for pickup and disposal by city forces and subject to payment of a nonrefundable annual user fee established by the common council. Yard waste and special refuse are not a part of backyard service.
Under the above options, domestic solid waste shall be prepared and stored as follows:
A. Food scraps shall be drained of all free liquid, securely bagged, and placed in a city-furnished refuse cart. Improperly prepared and stored food scraps of a liquid or semiliquid nature will not be collected.
B. Combined Refuse. Combined refuse shall be placed in a secure bag within a city-furnished refuse container.
C. Bulky or Heavy Refuse. Bulky or heavy refuse that does not fit within a city-furnished refuse cart will not be collected without scheduling a fee-based special collection. Fee information and process can be found on the City website. Yard waste shall be collected according to Section 8.25.130.
D. Ashes, Soot and Fly Ash. Ashes shall be wetted just sufficiently to impact them and prevent spreading of particles of dust, and placed in a secure bag within refuse cart. Hot ashes shall not be placed out for collection.
E. Small Dead Animals. Small dead animals can be placed in a secure bag within the refuse cart.
F. Animal and Fowl Manure. Animal and fowl manure and other noxious wastes from domestic establishments, if handled and stored in a manner similar to domestic garbage, will be removed as ordinary refuse. Manure and noxious wastes from commercial/institutional establishments and excessive quantities of improperly stored garbage from domestic establishments will not be collected by the department.
8.24.040 Separation Of Refuse--Categories
Each and every owner, operator, manager, housekeeper, tenant or occupant of every dwelling, building or portion thereof receiving refuse service by city forces, and wherein any refuse accumulates, shall collect the same into the following containers:
A. Combined Refuse Pickup-City-furnished refuse carts. The owner, operator, manager, housekeeper, tenant or occupant of every dwelling, building or portion thereof receiving refuse service by city forces, shall use a city-furnished wheeled refuse cart. Each owner, operator, manager, housekeeper, tenant or occupant of every dwelling, building or portion thereof, receiving refuse service by city forces shall be responsible for keeping the close-fitting covers properly affixed at all times and for maintaining the container storage area free and clear of paper, debris, ice and snow, and easily accessible to public employees. Any agreement between either the owner, operator, manager, housekeeper, tenant or occupant in regard to compliance with the provisions of this chapter shall not relieve any party to such agreement from the provisions of this chapter.
Refuse carts remain the property of the city of Wauwatosa and shall be used in accordance with the applicable provisions of Section 8.24.030(C). The owner of the property to which a refuse cart is furnished, shall be responsible for exercising normal care in its use. Any damage due to negligence, exclusive of normal wear and tear, on the part of the property owner, his tenants, or agents for failure to exercise such care, shall be the responsibility of the affected property owner, including reimbursement to the city for the cost of repair or replacement as required.
The city refuse cart, by use of a unique serial identification number is permanently assigned to residential property receiving service by the city. Such cart shall remain on the premises at all times, regardless of ownership or change of ownership of the property.
B. Recyclables. The owner, operator, manager, housekeeper, tenant or occupant of every single and two to four family residence multiple-family dwelling and nonresidential facility and property shall separate and recycle recyclables according to Section 8.25. Multiple-family dwelling and nonresidential facilities are required to provide adequate recycling container volume as described in Section 8.25.
8.24.050 Time Limitations
The placing out of combined refuse for curbside or alley collection by city forces, shall be by seven a.m. on the scheduled day of collection, but not sooner than two-thirty p.m. on the day prior to collection including Saturdays and Sundays.
The refuse containers shall be removed from the curb side or alley prior to eight a.m. on the day following collection service.
8.24.060 Refuse Containers--Location
Containers for the collection of refuse shall be kept in the following listed places:
A. At a single location outside of a dwelling or building (and not in a garage) readily accessible and convenient to city forces collecting same, but not on a public roadway, alley, or public sidewalk. Refuse containers shall not be located where they constitute a nuisance or a hazard to health. The board of public works or its designee is empowered to require the relocation of any such container.
B. Backyard Collection. Subscribers to this optional service shall provide and maintain a clear and unobstructed thirty-six-inch pathway at all times on collection days, which is free of snow and ice accumulation and clear of other obstructions such as vehicles from the public roadway or alley to the on-premise storage site for refuse containers.
C. Curbside or Alley Collection. Refuse carts placed out for curbside or alley pickup shall be located in the area between the sidewalk and curb and as near the street curb or edge of alley as practical. Placement on or as close as possible to drive approaches, if existing, is preferred. All refuse carts shall be at least three feet from all other carts and at least three feet from any other object, such as a tree, mailbox, sign post, fence, utility pole or parked vehicle. Carts should be positioned with the front (lid opening) facing the street or alley.
D. Items that are placed outside of refuse carts and carts with excess material preventing the lid from closing cannot be collected.
E. Access to all refuse containers by city forces on the day of collection must be maintained under all conditions, and particularly such containers must be stored in a clear area, free of snow and ice accumulation in winter months.
8.24.070 Special Refuse Or Recyclables Collection
A. Bulky Items. Large bulky items such as discarded furniture, lumber, household equipment, and so forth, which exceed size and weight limitations, or are not otherwise permitted as a part of the regular weekly domestic waste collection and recycling programs shall be collected and disposed of by the city for a special charge to the resident as provided for in subsection (E) of this section or section 8.25.250. The sanitation division shall be notified by the resident of requests for the collection of these items either in person, by telephone or in writing, prior to placing items out for pickup. These items must be placed in readily accessible locations near the curb or alleyline for pickup. Large bulky items for which a special charge is applicable and placed out at the curb/alleyline by the resident without prior notification to the sanitation division, will be collected by the city and a special charge will be imposed in accordance with subsection (E) of this section. Discarded lumber, carpeting and other similar large items shall be cut into lengths of four feet or less and tied into bundles under fifty pounds, except recyclable appliances appropriate for special pick-up which are covered under Section 8.25.140.
B. Building Material. Special service pickup of large quantities of resident-generated loose demolition, remodeling material, tree branches, earth, sod, stones, concrete or building material of any description from building construction, repairing or remodeling, shall be collected on a prearranged custom basis for a fee. The board of public works or their designee shall have the authority to set limits on the amount of curb refuse to be picked up at any one time by the collection crew from one location, and may require a special service collection fee on excessive amounts picked up, as provided in subsection (E) of this section. Materials generated by a contractor will not be collected by the city and must be managed properly by the contractor.
C. Special Service Collection Fee. Special service collection fee shall be as determined by the board of public works, who will arrange for the use of a truck or may provide the services of a mechanical loader for a fee calculated on current cost of labor, equipment and unusual disposal costs as described on a work order.
If charges for special service collections are not paid within a reasonable time, such charges shall be certified in a proper manner to have them levied as special charges against such property served and the clerk is authorized and directed to enter such charges on to the tax roll.
The board of public works or their designee shall have the right and authority to refuse a request for a special service collection if it determines it would be a special service collection for which he cannot afford manpower or equipment.
8.24.080 Public Dumping Ground Prohibited--Deemed Nuisance
Public dumping grounds are prohibited within the limits of the city of Wauwatosa. A "public dumping ground" for the purpose hereof is defined to be a place where refuse, rubbish, ashes or garbage might be deposited or dumped by the public or by any municipal corporation. Such public dumping ground is a nuisance.
8.24.090 Depositing Malodorous Waste Material Prohibited
The placing or causing to be placed or deposited or maintained upon any private or city property of any waste material that shall give off offensive odors or become combustible is hereby declared to be a public nuisance and is prohibited.
8.24.100 Placing Paper And Rags Blown By Wind Prohibited
The placing or causing to be placed within the corporate limits of the city of Wauwatosa any paper, rags, or other similar materials so that the same may be blown about by the wind is a public nuisance and is prohibited.
8.24.110 Materials Prohibited from Refuse Cart
The placing or causing to be placed of recyclables, yard waste, scrap metals, lead acid and other vehicle batteries, contractor-generated waste, sewage treatment residues, liquid or industrial wastes, and hazardous wastes including pathological wastes, explosives, and toxic chemicals or other wastes which according to existing or future laws or regulations require special handling in their collection and disposal is prohibited.
Items prohibited from refuse carts shall be managed as indicated in Section 8.25.
8.24.120 Citations For Violations
Police officers, officers of the city or agents so assigned by the city of Wauwatosa are empowered to issue citations for the violation of any ordinance codified in this chapter, and the citation shall contain the following information:
A. The name and address of the alleged violator;
B. The alleged offense;
C. The time and place of the offense;
D. The section of ordinances violated;
E. A statement which informs the alleged violator of the following:
1. That he may make a cash deposit of a specified amount to be mailed to the municipal court within a specified time,
2. That if he makes such a deposit, he need not appear in court unless he is subsequently summoned,
3. That if he does make a cash deposit and does not appear in court, either he will be deemed to have tendered a plea of no contest and submitted to a forfeiture not to exceed the amount of the deposit or he will be summoned into court to answer the complaint if the court does not accept the plea of no contest,
4. If he does not make a cash deposit and does not appear in court at the time specified, a warrant will be issued for his arrest;
F. A direction that if the alleged violator elects to make a cash deposit, he shall sign an appropriate statement which accompanies the citation to indicate that he read the statement required under subsection E of this section and shall send the signed statement with a cash deposit.
8.24.130 Commercial/Private Solid Waste Haulers
A. Compliance with All City Ordinances. All commercial haulers shall comply with the ordinances of the city of Wauwatosa. Failure to comply with applicable city ordinances could result in the loss of the ability to do business in the city.
B. Hours of Pick-Up.
1. Commercial haulers shall limit their pick-up and hauling of solid waste in residentially zoned districts as well as the residential areas abutting or adjacent to commercial areas to the hours between seven a.m. and nine p.m.
2. Commercial haulers who violate the time restrictions noted above shall be cited and penalized as follows:
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First violation |
Warning |
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Second violation |
$100.00 forfeiture |
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Third and subsequent violations |
Double the last forfeiture |
Part II: Chapter 8.25 of the Wauwatosa Municipal Code is hereby amended in its entirety to read as follows:
8.25.010 Purpose
The purpose of this chapter is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in Section 287.11, Wisconsin Statutes and Chapter NR 544, Wisconsin Administrative Code.
8.25.020 Statutory Authority
The ordinance codified in this chapter is adopted as authorized under Sections 66.0415, 287.11(2)(b), and 289.01 of the Wisconsin Statutes.
8.25.030 Abrogation And Greater Restrictions
It is not intended by this chapter 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 chapter imposes greater restrictions, the provisions of this chapter shall apply.
8.25.040 Interpretation
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this chapter is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wisconsin Administrative Code, and where the chapter provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 standards in effect on the date of the adoption of the ordinance codified in this chapter, or in effect on the date of the most recent text amendment to this chapter.
8.25.050 Severability
Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
8.25.060 Applicability
The requirements of this chapter apply to all persons within the city of Wauwatosa, as well as occupants and owners or designated agents of multiple-family dwellings and nonresidential facilities and properties.
8.25.070 Administration
The provisions of this chapter shall be administered by the city of Wauwatosa and its designated agents.
8.25.080 (Reserved For Future Use)
8.25.090 Definitions
A. Words, phrases, or other expressions used in this chapter shall have meanings as follows:
"Appliance (major appliance)" means those which are considered to contain freon, PCB-containing capacitors, and mercury-containing switches or timing devices, including, but not necessarily limited to: air conditioners, clothes dryers and washers, dehumidifiers, dishwashers, fluorescent lighting fixtures with ballasts, freezers, forced air furnaces, garbage disposals and compactors, heat pumps, mercury vapor lamps, microwave ovens, ranges and stoves, refrigerators, and water heaters.
"Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
"City" means the city of Wauwatosa, Wisconsin.
"Composting" means the controlled biological decomposition and conversion of solid organic material into a humus-like substance called compost. The process is aerobic, meaning that it requires the presence of oxygen. The process uses various natural microorganisms such as bacteria and fungi to break down the complex organic compounds into simpler substances.
"Container board" means corrugated paperboard used in the manufacture of shipping containers and related products.
"Contractor" means the entity named and designated in the contract(s) the city has entered into to provide recycling, solid waste, yard waste and/or street cleaning services.
"Department" means the city of Wauwatosa department of public works, or its designee.
"DNR" means the Department of Natural Resources of the state of Wisconsin and its various bureaus and specialized management sections.
"Drop-off center" means the site operated by the city at the public works yard at 11100 W. Walnut, Wauwatosa, Wisconsin, where residents of the city can deposit recyclables, yard waste and residential refuse.
"EPA" means the United States Environmental Protection Agency.
"E-Waste" includes all covered electronic devices including a consumer video display device, consumer computers and related accessories (such as hard drives/towers, printers, keyboards, mice, and monitors), cell phones and televisions.
"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.
"Fully automated collection" means curbside pickup of recycling cart materials by use of dedicated recycling trucks with robotic arms to lift and empty the contents of the cart into the body of the truck(s) or their attached collection equipment.
"HDPE" means high density polyethylene, currently labeled by the Society of the Plastics Industry, Inc. (SPI) code number 2.
"Holidays" mean New Year's Day (January 1st); Good Friday; Memorial Day (Last Monday in May); Independence Day (July 4th or if on a weekend, the day so designated by the city); Labor Day (first Monday in September); Thanksgiving Day (fourth Thursday in November or the day designated by the Governor of Wisconsin); Christmas Day (December 25th or, if on a weekend, the day so designated by the city); and the last normal workdays before Christmas Day and before New Year's Day; or as otherwise designated now or in the future in the agreement between the city and Local 305 AFSCME AFL-CIO District Council 48.
"Landfill" means a location used for the burial of solid waste and process residue in accordance with all applicable local, state, and federal laws, rules and regulations.
"LDPE" means low-density polyethylene, currently labeled by the SPI code number 4. "Magazines" mean magazines and other materials printed on similar paper.
"MRF" means material recovery facility or facilities which receives commingled recyclables, and separates and processes these recyclables for sale to end-user markets.
"Multiple-family dwelling" means a property containing five or more residential units, including those which are occupied seasonally.
"Newspaper" means newspaper and other materials printed on newsprint.
"Nonresidential facilities and properties" mean commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings. Non- residential facilities and properties includes any location at which goods or services are provided or manufactured, including locations under construction, demolition, or remodeling, or used for special events such as fairs, festivals, sport venues, conferences, and exhibits.
"Office paper" means 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, but can include mixed paper if high grade office paper is included in the mixed paper pack.
"Operating hours" means normal hours of operation of the drop-off center and/or for providing other services to the city.
"Other resins" or "multiple resins" mean plastic resins currently labeled by the SPI code number 7.
"Person" means any individual, corporation, limited liability company, partnership, association, local governmental unit, as defined in Section 66.0131(1)(a) Wisconsin Statutes, state agency or authority or federal agency.
"PETE" or “PET” means polyethylene terephthalate, currently labeled by the SPI code number 1.
"Plastic container" means 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" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in Section 291.01(7), Wisconsin Statutes, waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Section 291.01(17), Wisconsin Statutes.
"PP" means polypropylene, currently labeled by the SPI code number 5.
"Process residue" or "residue" means the unusable material, excepting rejects, generated in processing of recyclables at the MRF or elsewhere and which requires disposal in a landfill.
"Processing" means preparation of source-separated or commingled recyclables for market. "PS" means polystyrene, currently labeled by the SPI code number 6.
"PVC" means polyvinyl chloride, currently labeled by the SPI code number 3.
"Recyclables" mean materials in the waste stream that can be remanufactured into useful products; specifically those materials described under Wisconsin Statutes 287.07. "Curbside and drop-off collected recyclables" are recyclables currently collected or collected in the future by city forces or contractor(s). These materials may include aluminum beverage containers, steel and bimetal cans, newspaper, magazines, corrugated paper or other container board, office paper, plastic containers, and glass containers. This list may be expanded or revised to comply with state of Wisconsin landfill disposal bans.
"Recycling" means the series of activities involving the recovery of recyclables from solid waste and returning them to productive use through reprocessing or remanufacture.
"Recycling cart" means the two-wheeled cart provided by the city dedicated to the storage and collection of recyclables; and designated as being not for garbage or yard materials.
"Rejects" mean solid waste materials not included under the definition of curbside and drop-off collected recyclables and inadvertently set out for collection, or dropped off, by residents, and material which the contractor demonstrates, to the satisfaction of the city, to be unusable because of its nature or condition at the time of delivery to the MRF.
"Single stream recycling" (also known as "fully commingled" or "single sort") means a system in which all recyclables are mixed together in the recycling cart and a dedicated collection truck, instead of being separated and packaged separately by type of recyclables by the residents and handled separately throughout the collection process. In the city's single stream recycling program, both the collection and processing systems are to be designed to handle this fully-commingled mixture of recyclables.
“Solid waste” has the meaning specified in s. 289.01(33), Wis. Stats.
“Solid waste facility” has the meaning specified in s. 289.01(35), Wis. Stats.
“Solid waste treatment” means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. “Treatment” includes incineration.
"State" means the state of Wisconsin.
"Subcontractor" means a corporation, partnership or individual having a direct contract with the contractor for performing any work or services for the city on behalf of the contractor.
"Tires (or scrap tires or waste tires)" mean vehicle tires from passenger cars and light trucks that are no longer suitable for their original purpose because of wear, damage, or defect.
"Unacceptable waste" means any explosives, biomedical waste, radioactive waste, or hazardous waste. The definition of what constitutes hazardous waste shall be determined according to Wisconsin NR 600 (Note: Wisconsin NR 605.05 exempts household hazardous wastes from regulation as hazardous waste)
"Vehicle batteries" mean lead acid batteries used in motor powered vehicles. Batteries in electric vehicles should be managed according to manufacturer instructions.
"Waste oil (or oil)" means any waste oil used in the engine or crankcase of a motor vehicle.
"Yard waste" or "yard materials" mean leaves, yard and garden debris (except grass in the city of Wauwatosa), 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 or fruit from fruit-bearing trees.
8.25.100 Separation Of Recyclables
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate for recycling the following materials from postconsumer waste.
Acceptable recycling methods for the below materials vary and several materials listed are not accepted in curbside recycling carts. Refer to appropriate sections below for specific instructions for materials listed and refer to the City website for updated information on materials accepted in curbside carts.
A. Yard materials;
B. Major appliances;
C. Waste oil;
D. Lead acid and all other vehicle batteries;
E. Scrap tires;
F. Foam polystyrene packaging;
G. Aluminum containers;
H. Bi-metal containers;
I. Corrugated paper and other container board;
J. Glass containers;
K. Magazines;
L. Newspaper;
M. Office paper;
N. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; and
O. Steel containers.
8.25.110 Separation Requirements Exempted
The separation requirements of Section 8.25.100 do not apply to the following:
A. Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the DNR that recovers the recyclables specified in Section 8.25.100 from solid waste in as pure a form as is technically feasible;
B. Solid waste which is burned as a supplemental fuel at a facility if less than thirty percent of the heat input to the facility is derived from the solid waste burned as supplemental fuel;
C. A recyclable(s) specified in Section 8.25.100 for which a variance has been granted by the DNR under Section 287.07(7), Wisconsin Statutes, or Section NR 544.14, Wisconsin Administrative Code.
8.25.120 Care Of Separated Recyclables
To the greatest extent practicable, the recyclables separated in accordance with Section 8.25.100 shall be cleaned and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to containers for household hazardous waste, medical waste, and agricultural chemicals.
Recyclables shall be stored in a manner which protects them from inclement weather, and prevents their scattering and contribution to other nuisance conditions. Plastic bags are not accepted in curbside recycling and recyclables cannot be collected in plastic bags. Recyclables may be placed loose into recycling carts or in open paper bags within recycling carts. Recyclables prepared for city curbside collection shall be placed in the dedicated recycling carts separate from other refuse containers for collection according to the provisions of Chapter 8.24 of this code for solid waste collection and disposal.
8.25.125 City-Furnished Recycling Cart
A city-furnished recycling cart shall be delivered to each eligible residence and used exclusively for recyclables generated by this residence. Recycling carts remain the property of the city of Wauwatosa and shall be used in accordance with the applicable provisions of this chapter.
A. The owner of the property to which a recycling cart is furnished, shall be responsible for exercising normal care in its use. Any damage due to negligence, exclusive of normal wear and tear, on the part of the property owner, his tenants, or agents for failure to exercise such care, shall be the responsibility of the affected property owner, including reimbursement to the city for the cost of repair or replacement as required.
B. The city recycling cart, by use of a unique serial identification number is permanently assigned to residential property receiving service by the city. Such cart shall remain on the premises at all times, regardless of ownership or change of ownership of the property.
C. The recycling cart shall be set out for collection at the curb or alley where the garbage is normally collected, except for "hardship cases" which may be in the backyard. Subscribers to this optional backyard service shall provide and maintain a clear and unobstructed thirty-six-inch pathway at all times on collection days, which is free of snow and ice accumulation and clear of other obstructions such as vehicles from the public roadway or alley to the on-premise storage site for recycling carts.
D. Recycling carts placed out for curbside or alley pickup shall be located in the area between the sidewalk and curb and as near the street curb or edge of alley as practical. Placement on or as close as possible to drive approaches, if existing, is preferred. All recycling carts shall be at least three feet from all other carts and at least three feet from any other object, such as a tree, mailbox, sign post, fence, utility pole or parked vehicle. Carts should be positioned with the front (lid opening) facing the street or alley. Access to recycling carts by city forces on the day of collection must be maintained in all conditions, particularly free of snow and ice accumulation in winter months.
E. Items that are placed outside of recycling carts and carts with excess material preventing the lid from closing cannot be collected.
8.25.130 Management Of Yard Materials
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties shall manage yard waste as follows:
A. Residential yard materials curbside collection is done by the city for single-family and two- to four-unit residences in two phases under the following conditions:
1. During curbside collection season (schedule can be found on the City’s website and newsletter), leaves and brush (excluding grass clippings, root balls, vegetables, stumps, or branches over six inches in diameter) must be separated from other household garbage, and are collected according to published schedules with the following requirements:
i. Resident-supplied reusable containers must be used marked with the words "yard materials" or "yard waste" in letters at least two inches high, and one and a half inches wide; or approved paper yard waste bags may be used; but plastic bags are strictly prohibited;
ii. It is prohibited to put more than two hundred pounds of yard waste in a city yard waste cart, or more than fifty pounds in a reusable yard waste container or paper yard waste bag; brush and branches must be cut to less than four-foot lengths and tied with string or twine (not wire or plastic strapping) into bundles under fifty pounds;
iii. Containers must be placed at the curb or alley before seven a.m. the day of
pick-up, but no sooner than two-thirty p.m. the day prior to collection; and they must be returned to storage as soon as possible, but no later than eight a.m. the day after collection.
2. During leaf collection season (schedule can be found on the City’s website and newsletter), leaves may be raked into city street gutters for curb collection by city crews; during that time brush and branches under six inches diameter may only be brought to the drop-off center at the public works yard because there is no curbside collection except for "special pick-ups" as covered under Section 8.24.070 of this chapter; outside of the curbside collection season the yard waste drop-off at the public works yard shall be the only available city yard waste service.
B. Residential yard materials drop-off center at the public works yard, 11100 W. Walnut, accepts leaves and brush (excluding grass clippings, root balls, vegetables, stumps, or branches over six inches in diameter) under the following conditions from single-family and two- to four-unit residences:
1. Year round requirements:
i. Yard materials are to be deposited loose only (not in plastic bags);
ii. If brush and branches are bundled, it must be with string or twine (not with wire, cloth or plastic strapping);
iii. Rocks, metal, garbage and other debris must be kept out of the yard waste, and is subject to the penalties listed in Section 8.25.250.
C. Grass clippings are not allowed at the city drop-off center or in the curbside yard waste collection. Management of grass clippings shall be done at each single-family and two- to four- unit residence, multiple-family residence, and nonresidential facility and property by: (1) using a mulching mower and keeping the clippings on the lawn for a soil enhancer; (2) collecting and spreading the clippings in gardens or flower beds to act as mulch; (3) collecting and composting clippings in accordance with Section 15.32.030(J) of the property management code to produce usable compost; (4) using the services of a commercial landscaper or yard keeper to manage lawn and grass clippings; and/or (5) other appropriate individual management program which does not create blighted or nuisance conditions contrary to the city property management code.
D. Multiple-family dwellings and nonresidential facilities and properties shall manage grass clippings as per subsection C above, and shall manage other yard waste privately according to all applicable local and state laws and regulations.
8.25.140 Management Of Major Appliances
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties shall manage major appliances by separating them for recycling and delivering them to private appliance dealers or scrap yards that may accept them for a fee. Single family and two to four unit residences may also place the appliances at the curb for special city pick-up, which must be scheduled in advance by calling the public works department; or may deliver the appliances to the drop-off center at the public works yard. The city curbside and drop-off collections of appliances are subject to recycling fees established by the city and identified in Section 8.25.250.
8.25.150 Management Of Waste Motor Oil, Vehicle Batteries, Scrap Tires, and E-Waste
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties shall manage waste motor oil, lead acid and all other vehicle batteries, scrap tires, and electronic waste (or e-waste) as follows.
A. Waste motor oil is not collected by the city at the curb; yet waste oil must be separated for recycling and delivered to private collectors or service stations that accept waste oil; or occupants of single family and two to four unit residences may deposit waste oil in collection containers at the city oil drop-off centers at the public works yard It is unlawful to mix any other substance with waste oil for recycling, and such action is subject to penalties delineated in Section 8.25.250.
B. Lead acid vehicle batteries are not collected by the city either by curbside or drop-off; instead such batteries shall be recycled by delivering them to vehicle battery retailers, commercial installers, auto salvage yards or scrap dealers, some of whom may charge a fee for accepting them. Electric vehicle batteries shall be managed according to manufacturer instructions.
C. Scrap tires are not collected curbside by the city; but waste tires shall be recycled by delivering them to private tire dealers or scrap yards that may accept them for a fee; or occupants of single family and two to four unit residences may deliver them to the tire drop-off center at the public works yard, where they shall be subject to tire recycling fees established by the city and identified in Section 8.25.250.
D. E-waste including items like small appliances, laptops, desktop computers, monitors, and televisions are not accepted in the curbside recycling program but may be brought to the Drop Off Center at the public works yard for a fee. The Wisconsin Department of Natural Resources also maintains a list of registered electronics recyclers.
8.25.160 Management Of Other Residential Recyclables
Except as otherwise directed by the department, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated recyclables specified in Section 8.25.100(F) through (O) for the single stream recycling program.
Specific recyclable materials and proper preparation of recyclables can change based on commodity market conditions and available recycling equipment. The City’s website is kept up-to-date with relevant recycling guidance and allowable material. Recyclables shall be placed loose into the recycling cart or within an open paper bag, materials bagged in plastic are not permitted.
8.25.170 Residential Curbside Recycling
Separated recyclables prepared according to Section 8.25.160 above shall be placed in the recycling cart for fully automated curbside collection. Provisions which govern curbside collection of recyclables include the following.
A. Only recyclables in the recycling cart shall be picked up for curbside collection year round, every other week according to schedules published by the city.
B. Recycling carts shall only be filled to a maximum weight of two hundred pounds of recyclables.
C. Recycling carts are to be handled separately from garbage carts and containers according to the provisions of Chapter 8.24 of this code for solid waste collection and disposal.
D. Failure to comply with the city's curbside recycling program shall be subject to the penalties established by the city and identified in Section 8.25.250.
8.25.180 Ownership Of Recyclables And Scavenging Prohibition
Residential recyclables and refuse, upon placement at the curb, shall become the property of the city. Recyclables collected by a hauler under contract with the city, multiple-family dwelling or nonresidential facility, shall become the property of the hauler/contractor once collected.
It is unlawful for any person, unless under contract with or licensed by the municipality or state, to collect or remove any recyclable material that has been deposited or placed at the curb for recycling, or placed in a recycling container adjacent to a home, multiple-family dwelling, or nonresidential building, including city drop-off center containers; and such action will be subject to the penalties established by the city and identified in Section 8.25.250 below.
8.25.190 Hauling, Sorting And Processing Recyclables And Solid Waste
A. Any person who collects, hauls, sorts, processes, markets, or disposes of solid waste and/or recyclables in the city shall obtain and maintain all necessary municipal and state permits, licenses and approvals prior to engaging in any such activities in the city; including but not limited to:
1. DNR licensing for hauling of recyclables under NR 502.06, Wisconsin Administrative Code;
2. DNR certification for processing recyclables under NR 544.16, Wisconsin Administrative Code; and
3. City approval for use of city recycling, yard waste and solid waste facilities; which use shall be limited to city of Wauwatosa residents showing proper identification of city residence, or other persons showing proof of owning and/or operating a nonresidential facility within the city and who pay corresponding user fee(s).
Any hauler, including the city collection crews, has the right to refuse to collect and leave at the curb or collection site any recyclable or waste material that is not prepared according to the specifications of this chapter, especially Sections 8.25.130 through 8.25.210, or according to corresponding recycling educational materials provided by the city or hauler to service recipients. In such cases, the city or hauler shall provide written notification to the generator of the materials about the reason(s) for refusal to collect the materials. All haulers, including city crews, shall provide a list of such occurrences to the department so that the city may take such corrective and/or punitive actions as delineated in Section 8.25.250.
8.25.200 Multiple-Family Dwelling Recycling
A. Owners or designated agents of multiple-family dwellings in the city shall do all of the following to recycle the materials specified in Sections 8.25.100(F) through (O), or be subject to the penalties specified in Section 8.25.250:
1. Provide adequate, separate containers for the recycling program established in compliance with the ordinance. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met:
i. The minimum total volume of recycling container space is equal to 24 gallons per week per dwelling unit (for reference, City of Wauwatosa recycling carts are 96 gallon size and a 2-yard container is about 404 gallons);
ii. The ratio of trash container volume to recycling container volume is at most 2:1; or
iii. An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility. Alternative plans that do not meet the above criteria must be submitted to the Wauwatosa Department of Public Works for approval in advance of implementation.
iv. For all above options, the Wauwatosa Department of Public Works reserves the right to require increased capacity in the case of recycling overflows.
2. Notify tenants in writing at the time of renting or leasing the dwelling and at least twice annually thereafter about the established recycling program;
3. Provide for the collection of the recyclable materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility; and
4. Notify tenants of reasons to reduce and recycle solid waste, which recyclable materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site.
B. The requirements specified in subsection (A) of this section do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the DNR that recovers for recycling the materials specified in Sections 8.25.100(F) through (O) from solid waste in as pure a form as is technically feasible.
8.25.210 Nonresidential Facility And Property Recycling
A. Owners or designated agents of nonresidential facilities and properties in the city shall do all of the following to recycle the materials specified in Sections 8.25.100(F) through (O), or be subject to the penalties specified in Section 8.25.250:
1. Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers shall be sufficient to avoid an overflow during the time period between collection of materials and delivery to a recycling facility;
2. Notify in writing, at least twice annually, all users, tenants and occupants of the properties about the established recycling program;
3. Provide for the collection of the recyclable materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility; and
4. Notify users, tenants, and occupants of reasons to reduce and recycle solid waste, which recyclable materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations of drop off collection sites to recycle materials not collected on-site.
B. The requirements specified in subsection (A) of this section do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the DNR that recovers for recycling the materials specified in Sections 8.25.100(F) through (O) from solid waste in as pure a form as is technically feasible.
8.25.220 Prohibitions On The Disposal Of Recyclables 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 Sections 8.25.100(F) through (O) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. Violations of this provision are subject to the penalties specified in Section 8.25.250.
8.25.230 Hazardous Wastes
Hazardous substances, including as examples, acids, blasting materials, ammunition, paints, lacquers and varnishes, combustible alloys or chemicals and/or radioactive materials; shall not be included with collection of refuse and/or recyclables. Such unacceptable wastes should be managed in the following manner.
A. Household hazardous wastes should be handled according to EPA safe management methods:
1. Products containing hazardous substances should be used and stored carefully to prevent accidents; such products should be stored in their original containers with original labels; corroding containers should be repackaged and clearly and accurately labeled; products containing hazardous substances should never be repackaged or stored in food containers;
2. Products containing hazardous substances should never be mixed with other products; users of such products should follow product label instructions for proper use and disposal;
3. Waste products containing hazardous substances should be taken to an area household hazardous waste collection program when available.
B. Nonresidential hazardous wastes shall be handled and disposed of according to all applicable state and federal laws and regulations.
8.25.240 Information, Inspection, Enforcement And Appeal
A. Inspection. For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the city may inspect and/or request information about recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of single and multiple-family 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 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 and/or information gathering.
B. Order to Correct Conditions and Appeal.
1. Order to Correct Conditions. Whenever the city, its agents or employees shall do an inspection within the city as per above, and finds conditions in violation of this code, an order shall be issued to the owner and/or occupant of the premises or vehicle to correct said conditions.
2. Contents. The order shall specify a time within which the owner and/or occupant shall comply therewith, and any corresponding fees and/or penalties. It shall also provide that if the owner and/or occupant is aggrieved by the order they may appeal to the board of public works and request a hearing as hereinafter provided.
3. Service. The order shall be served on the owner and/or occupant, by delivering a copy of same to such occupant personally; or by delivering the same to and leaving it with any adult, competent person in charge of the premises or vehicle; or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place near the entrance to the premises or vehicle, or by certified mail with return receipt requested.
4. Appeal Request. If the owner and/or occupant feels aggrieved by the order as provided in this chapter, he or she may appeal to the board of public works within fifteen days after service of the order upon them and request a hearing.
5. Appeal Hearing. The board of public works shall conduct a hearing in connection therewith at the next scheduled board of public works meeting after request for an appeal is submitted, and shall notify the appellant, director of public works, operations superintendent, operations supervisor, and any other person interested in the matter to be present. After the hearing, the board of public works shall submit its findings and recommendations within five days thereafter and provide copies on all persons who appeared at the hearing.
C. Failure to Comply.
1. Citation. Any person violating any provision of this chapter shall be subject to the fees and penalty provisions of this code specified in Section 8.25.250. A citation may be issued pursuant to Section 1.24.010 of this code and Wisconsin Statute Ch. 800. 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 section.
2. Cause Discontinuation of Service and/or Special Charge. Upon failure to comply with an order within the time specified on it, where there is proof of service of said order, which requires that any corrective action be taken to comply with any provision of this chapter, and that corresponding fees and/or penalties be paid, city garbage and recycling collection service may be discontinued until the fee and/or penalty is paid and corrective action taken, and the fee and/or penalty may be levied as a special charge against the premises as authorized by Section 66.0627 and/or Section 287.093 of the Wisconsin Statutes.
8.25.250 Fees And Penalties
A. Fees. Upon the effective date of the 2007 amendments to the ordinance codified in this chapter, the recycling shall be collected by the city of Wauwatosa in the amounts set out in the consolidated fee schedule.
B. Penalties. Upon the effective date of the ordinance codified in this chapter, and after inspection and sufficient notification by representatives of city public works, the following penalties shall be allowed to be cited and collected by the city; subject to change, addition, or deletion at any time by the city without notice.
1. If as prohibited in Section 8.25.130 yard waste deposited at the drop-off center is contaminated with rocks, metal, garbage and/or other debris:
i. One hundred dollars first violation,
ii. Five hundred dollars second and subsequent violations;
2. If as prohibited in Section 8.25.150 any other substance is mixed with waste oil for recycling:
i. One hundred dollars first violation,
ii. Five hundred dollars second and subsequent violations;
3. Failure to comply with the city's residential curbside recycling program as required in Section 8.25.120 or 8.25.170:
i. Fifty dollars first violation,
ii. One hundred dollars second and subsequent violations;
4. If as prohibited in Section 8.25.180 any person not under contract with or licensed by the municipality or state, collects or removes any recyclable material that has been deposited or placed at the curb for recycling, or placed in a recycling container adjacent to a home, multiple-family dwelling, or nonresidential building, including city drop-off center containers:
i. Two hundred fifty dollars first violation,
ii. Five hundred dollars second and subsequent violations;
5. If as required in Section 8.25.190 any person generating solid waste and/or recyclable materials fails to comply with city or hauler written notification about the reason(s) for refusal to collect the materials:
i. Fifty dollars first violation,
ii. One hundred dollars second and subsequent violations;
6. Failure of multiple-family dwelling or nonresidential facility or property to comply with Section 8.25.200 or 8.25.210:
i. Two hundred fifty dollars first violation,
ii. Five hundred dollars second and subsequent violations;
7. Illegal disposal of recyclables as prohibited in Section 8.25.220:
i. Fifty dollars first violation,
ii. Two hundred dollars second violation,
iii. Two thousand dollars third and subsequent violations;
8. Penalties for violation of any other provision(s) of this chapter not specified in subsections (B)(1) through (7) of this section:
i. Fifty dollars first violation,
ii. One hundred dollars second and subsequent violations;
9. Other penalties to be established by the city as needed.
Part III: This ordinance shall take effect upon adoption and publication.
By: Government Affairs Committee
recommendation
Recommendation: Adopt 7-0