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Chapter 12. Solid Waste Disposal and Recycling

Sec. 12-01. Garbage and refuse disposal.

(1) Findings and declaration of purpose. The council of the City of Marshfield hereby finds and determines that there is an increasing necessity to conserve natural resources and landfill space and to promote recycling as mandated by state law. It is the purpose of this chapter to promote recycling, composting and resource recovery through the administration of a mandatory recycling program, as provided in 287.11 Wis. Stats., and chapter NR 544, Wisconsin Administrative Code, by the city in order to protect and promote the public health, safety and welfare.

(2) Supervision. The collection of garbage, recyclable materials and refuse as defined in this section shall be under the supervision of the board of public works which shall make such regulations as are necessary regarding the time and method of collection of garbage and recyclable materials. The enforcement of health regulations relating to garbage and refuse disposal shall be designated as the responsibility of the director of public works or his designee.

(3) Statutory authority. This chapter is adopted as authorized under 287.09(3)(b) Wis. Stats.

(4) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, codes or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply.

(5) 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 or chapter NR 544 standards in effect on the date of the adoption of the ordinance from which this chapter derives or in effect on the date of the most recent text amendment to this chapter.

(6) Applicability. The requirements of this chapter shall apply to all occupants of single family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties within the corporate boundaries of the city.

(7) Administration. The provisions of this chapter shall be administered by the council.

(8) Definitions. For the purpose of this chapter the following words and phrases shall have the meanings ascribed to them in this section:

Aluminum cans shall include used beverage cans only.

Bags shall be clear, plastic bags designated for refuse, with sufficient wall strength to maintain physical integrity when lifted by the top and with a capacity not to exceed a loaded weight of more than 50 pounds.

Bimetal container means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.

Container glass shall include container glass only. The term "contain glass" does not include ceramic cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant glass such as Pyrex, lead-based glass such as crystal or TV tubes.

Corrugated cardboard shall include corrugated cardboard only and does not include waxed cardboard or chipboard such as cereal boxes, shoe boxes and similar materials.

HDPE means high-density polyethylene plastic containers marked by the SPI code #2.

LDPE means low-density polyethylene plastic containers marked by the SPI code #4.

License committee means the judiciary, license and cemetery committee.

Magazines means magazines and other materials printed on similar paper.

Major appliances means a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, oven, microwave oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.

Mixed papers shall include all grades of papers including white, colored, ledger, shiny, coated, carbonless or NCR papers; envelopes including window, labeled and kraft; magazines; catalogs; phone books; computer printout paper; glued pads and tablets; file folders; keypunch cards; spiral notebooks; cereal boxes; shoe boxes; etc., and can include clips and staples, but may not include hand towels or other paper products from restrooms or soiled napkins and paper plates. The term "mixed papers" also does not include carbon paper, cellophane or any waxed paper.

Multiple-family dwelling means a property containing five or more residential units, including those which are occupied seasonally.

Newspapers shall include newspapers and newspaper advertisements only. The term "newspapers" does not include mixed paper as defined in this subsection.

Nonresidential facilities and properties means commercial, retail, industrial, institutional and governmental facilities and properties. The term "nonresidential facilities and properties" does not include multiple-family dwellings.

Office paper means high grade printing and writing papers from office in nonresidential facilities and properties.

Person includes any individual, corporation, partnership, association, or local governmental unit as defined in 66.0825(3)(f) Wis. Stats., state agency or authority or federal agency.

PETE means polyethylene terephthalate plastic containers marked by the SPI code #1.

Plastic bottles shall include only plastic bottles clearly marked with the recycling emblem, encircling the #1 (PET or PETE) or the #2 (HDPE). This does not include motor oil bottles, even if they are labeled #1 or #2.

PS means polystyrene chloride plastic containers marked by the SPI code #6.

PVC means polyvinyl chloride plastic containers marked by the SPI code #3.

Post-consumer waste means solid waste other than solid waste generated in the production of goods or hazardous waste as defined in 291.01(7) Wis. Stats. or waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in 289.01(17) Wis. Stats.

Recyclable materials includes lead acid batteries, major appliances, waste oil, yard waste, aluminum cans, container glass, corrugated cardboard, mixed papers, newspapers, #1 through #7 plastics, tin cans and waste tires.

Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid or containing gaseous materials resulting from industrial, commercial mining and agricultural operations and from community activities, but does not include solids or dissolved material in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283 Wis. Stats., or source material, as defined in 254.31(10), Wis. Stats., special nuclear material, as defined in 254.31(11) Wis. Stats. or byproduct materials, as defined in 254.31(1) Wis. Stats.

Solid waste facility means a facility for solid waste treatment, solid waste storage or solid waste disposal and includes commercial, industrial, municipal, state and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services and processing treatment and recovery facilities using large machines to produce a principal product of scrap metal for sale or use for remelting purposes. The term "solid waste facility" includes the land where the facility is located. The term "solid waste facility" does not include a facility for the processing of scrap iron, steel or nonferrous metal. The term "solid waste facility" does not include a facility which uses large machines to sort, grade, compact or bale clean wastepaper fibers or plastics, not mixed with other solid waste, for sale or used for recycling purposes. The term "solid waste facility" does not include an auto junkyard or scrap salvage yard.

Tin cans includes tin-coated metal cans and steel containers.

Waste tire means a tire that is no longer suitable for its original purpose because of wear, damage or defect.

Yard waste means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. The term "yard waste" does not include stumps, roots or shrubs with intact root balls.

(Code 1982, 11.09)