#4 Public hearing and action on solid waste and recycling fees (File Ord. #2010-463)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
October 15, 2010
TO: City Council
FROM: John Whitcomb, Operations Director
SUBJECT: Second Reading, Public Hearing, and Action on a Proposed
Ordinance Amending the City’s Solid Waste Ordinance
(File Ordinance 2010-463)
Attached is Ordinance 2010-463 which provides for several amendments to
existing Janesville General Ordinance 8.64 (Solid Waste and Recycling). All
proposed amendments are to be effective January 1, 2011. The following
amendments are proposed:
Additions/revisions to the “Definitions” section of the Ordinance.
A ban on the landfill disposal of certain electronic equipment and oil
filters/absorbents, consistent with recent changes in state law which bans
these items from landfill statewide.
An increase in the tipping fee at the Sanitary Landfill, from the current rate
of $28.90 per ton to $30.00 per ton. Per vehicle disposal rates are also
increased proportionally. The increase is necessary based upon 2011
estimated landfill expenditures. It should be noted the current fees
shown in the Ordinance (prior to amendment) do not include two
separate DNR tonnage fee increases which took effect in July and
October of 2009.
Establishment of a $10.00 fee to cover the cost of collecting and recycling
microwave ovens at the Sanitary Landfill; this is the same fee charged for
the collection and recycling of appliances containing refrigerants. It
should be noted the fee charged to collect and recycle refrigerated
appliances and microwave ovens could change prior to January 1,
2011, as a result of proposals recently solicited for this service.
Proposals are still being evaluated by staff. Any change in the fee
would require separate Council action.
Consistent with direction received from the City Council at the Sanitation
Fund study session in August 2010, establishment of a solid waste
collection and disposal fee to be charged to certain residential dwelling
units and certain non-residential facilities. The proposed fee, as per the
City Manager’s recommendation, is $40.00 per residential dwelling unit
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per year and will be administered via the existing Water/Wastewater Utility
bill. In residential facilities containing up to four units, as well as
condominium buildings and trailer courts receiving City trash collection
service, each separate dwelling unit will be assessed the proposed fee. A
new section of Ordinance has been developed to implement this fee.
It is recommended, following the public hearing, the Council adopt Ordinance
2010-463.
cc: Jay Winzenz, Director of Administrative Services/Assistant City Manager
Carl Weber, Director of Public Works
Jean Wulf, City Clerk/Treasurer
Peter Riggs, Assistant Operations Director
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ORDINANCE NO. 2010-463
An ordinance amending Chapter 8.64 Solid Waste and Recycling Subsection I,
Section 8.64.090, Definitions; Subsection II, Section 8.64.150, Fee Schedule; and
creating by adding Subsection V, and Section 8.64.50, -- Solid Waste Collection
and Disposal Fee; with penalties and other Relief for violations as set forth in
JGO 8.64.190 and proposed 8.64.580. Janesville General ordinance Chapter 8.64.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Section 8.64.090 of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
8.64.090 DEFINITIONS.
“As used in this Chapter:
A. “Bi-metal Container”
A container for carbonated or malt beverage
that is made primarily of a combination of steel and aluminum.
B. “Bulky Waste”
Discarded articles of such size as are not normally
collected with residential or commercial waste including, but not limited to, appliances,
furniture, plumbing fixtures, windows and doors.
C. “City”
City of Janesville.
D. “County”
Rock County.
E. “Demolition Waste”
Waste resulting from building construction or
demolition, alteration or repair including excavated material, remodeling and other
waste such as concrete, stone, asphalt, sod, earth, dirt and brick.
F. “Department” The City of Janesville Solid Waste Department.
The City of Janesville Department of Public Works
G. “DNR”
Department of Natural Resources.
H. “Dwelling Unit” Means a room or group of rooms including
cooking accommodations, occupied by one family, and in which not more than
two persons, other than members of the family, are lodged or boarded for
compensation at any one time.
H.I. “Effective Recycling Program”
Has the meaning specified in NR544
Wisconsin Administrative Code, as from time to time amended.
J. “Electronic Waste” Has the meaning specified in s. 287.07 (5),
Wis. Stats., as from time to time amended or renumbered, and includes, but is not
limited to, televisions, computers, desktop printers, computer monitors, other
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computer accessories (including mice, keyboards, speakers, external hard drives,
and flash drives), DVD players, VCRs and other video players, fax machines, and
cell phones.
K. “Eligible Customer” Owner(s) of Real Property enumerated and
described in 8.64.530, as from time to time amended or renumbered. The Solid
Waste Collection and Disposal Fee shall be charged against and imposed upon
the Real Property of Eligible Customers, as set forth in 8.64.530.
I. L. “Foam Polystyrene Packaging”
Packaging made primarily from
foam polystyrene that satisfies one of the following criteria:
(a)
Is designed for serving food or beverages.
(b)
Consists of loose particles intended to fill space and cushion
the packaged article in a shipping container.
(c)
Consists of rigid materials shaped to hold and cushion the
packaged article in a shipping container.
J. M. “HDPE”
High density polyethylene, labeled by the SPI code #2.
K. N. “Hazardous or Toxic Wastes”
Waste material or substances which
during normal storage or handling may be a potential cause of harm, including but not
limited to, pharmaceutical materials, corrosive chemicals, poisonous or pathogenic
substances, pesticide chemicals, radioactive materials, toxic materials and all other
similar harmful substances whether in solid, liquid or gaseous form.
L. O. “LDPE”
Low density polyethylene, labeled by the SPI code #4.
M. P. “Magazines”
Magazines and other materials printed on similar
paper.
N. Q. “Major Appliance”
A residential or commercial air conditioner,
clothes dryer, clothes washer, dehumidifier, dishwasher, freezer, microwave oven,
oven, refrigerator, stove, furnace, boiler and water heater.
O. R. “Motor Oil”
An engine oil that is unmixed with any other substance which
can no longer be used for its intended purpose.
P. S. “Multiple-Family Dwelling”
A property containing five (5) or more
residential units including, but not limited to, those which are occupied seasonally.
Q. T. “Newspaper”
A newspaper and other materials printed on
newsprint.
R. U. “Non-Residential Facilities and Properties”
Commercial, retail,
industrial, institutional and governmental facilities and properties. This terms does not
include multiple family dwellings.
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S. V. “Office Paper”
High grade printing and writing papers from offices in
non-residential facilities and properties.
T. W. “Oil Filter and Oil Absorbing Material” Used oil filters and oil
absorbents originating at non-residential facilities.
U. X. “Other Resins or Multiple Resins”
Plastic resins labeled by the SPI
code #7.
V. Y. “Person”
Any individual, natural or artificial, including, but not limited
to, any firm, company, municipal or private corporation, association, society, institution,
enterprise, joint venture, partnership, limited liability company, governmental agency,
governmental unit, or other entity howsoever comprised or constituted.
W.Z. “PETE”
Polyethylene terephthalate, labeled by the SPI code # 1.
X. AA. “Plastic Container”
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.
Y. BB. “Post-Consumer Waste”
Solid waste other than solid waste generated in
the production of goods, hazardous waste, as defined currently in s. 144.61(5), Wis.
Stats., waste from construction and demolition of structures, scrap automobiles, or high-
volume industrial waste, as defined currently in s. 144.44(7)(a)1., Wis. Stats.
Z. CC. “PP”
Polypropylene, labeled by the SPI code #5.
AA. DD. “PS”
Polystyrene, labeled by the SPI code #6.
BB. EE. “PVC”
Polyvinyl chloride, labeled by the SPI code #3.
CC. FF. “Recyclable Material”
Lead acid batteries; major appliances; waste
oil; yard waste; aluminum containers; corrugated paper or other container board; foam
polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid
plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS and
other resins or multiple resins; steel containers; waste tires; and bi-metal containers.
DD. GG. “Residential Property” Means a lot or parcel of land
developed exclusively for residential purposes, including single-family units,
duplexes, and multi-family buildings containing up to four separate units. The
term includes condominiums and manufactured homes.
EE. HH. “Responsible Unit”
Has the meaning specified in s. 159.09, Wis.
Stats.
FF. II. “Solid Waste”
Has the meaning specified in s. 144.01(15), Wis.
Stats.
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GG. JJ. “Solid Waste Disposal Facility”
Has the meaning specified in s.
144.43(5), Wis. Stats.
HH. KK. “Solid Waste Treatment”
Any method, technique or process
which is designed to change the physical, chemical or biological character or
composition of solid waste. “Treatment” includes incineration.
II. LL. “Waste Tire”
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
JJ. MM. “Yard Waste”
Leaves, grass clippings, yard and garden
debris, brush, and clean woody vegetative material no greater than 6 inches diameter.
This term does not include stumps, roots or shrubs with intact root balls.
SECTION II.
Section 8.64.120(C) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
C.
The following wastes and materials are prohibited from disposal,
placement or deposit at, upon, or into any Sanitary or Demolition Landfill by any person
at any time:
1. Lead-acid batteries
2. Major appliances
, oil filters or oil absorbent materials
3. Motor oil
4. Toxic or hazardous wastes
5. Waste Tires
6. Yard wastes
7. Materials listed in Section 8.64.130, unless those materials come from
a responsible unit having an effective recycling program approved by DNR.
8. Concrete, reinforced concrete, bituminous concrete, broken pavement,
shall not be disposed of in the Sanitary Landfill, but may be disposed of at the
Demolition Landfill.
Electronic wastes.
9.
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SECTION III.
Sections 8.64.150(A), (B), and (G) of the Code of General Ordinances of
are
the City of Janesville is hereby amended to read as follows:
8.64.150 FEE SCHEDULE
A.
For all materials hauled to the Sanitary Landfill in vehicles other than City
of Janesville owned vehicles, excluding special wastes and wastes used as daily cover,
the fee charged shall be the greater of:
Thirty dollars and 00/100
Twenty one dollars and eighty cents ($21.80)
cents ($30.00)
per ton, or
B.
The following applicable minimum fee regardless of the actual weight
deposited:
three dollars and
1. Passenger cars, two dollars and fifty cents ($2.50)
fifty cents ($3.50);
2. Station wagons, mini-vans and sport utility vehicles, three dollars and
four dollars and fifty cents ($4.50);
twenty five cents ($3.25)
3. Vans, mid-size pickup trucks and trailers with a capacity of two cubic
seven dollars and twenty five
yards or less, three dollars and twenty five cents ($5.25)
cents ($7.25);
4. Full size pickup trucks and trailers with a capacity of more than two
ten dollars and twenty five cents
cubic yards, seven dollars and fifty cents ($7.50)
($10.25);
5. All other vehicles and trailers, including those which have been
modified to increase capacity beyond standard capacity, twenty one dollars and eighty
thirty dollars and 00/100 ($30.00).
cents ($21.80)
G. microwave ovensandfor
For all major appliances containing
and
refrigerants and deposited for recycling, the fee charged shall be Ten Dollars
00/100unit
($10.00) per major appliance . All other major appliances and parts thereof
may be deposited for recycling at no charge.
SECTION IV.s– 8.64.580
Subsection V, Section 8.64.500 of the Code of General
are
Ordinances of the City of Janesville is hereby created to read as follows:
SUBSECTION V.
8.64.500 Solid Waste Collection and Disposal Fee.
8.64.510 Creation.
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8.64.520 Income and Revenue.
8.64.530 Eligible Customer Classification.
8.64.540 Rates and Charges.
8.64.550 Billing.
8.64.560 Payment of Charge; Lien; Penalty.
8.64.570 Conflict with Other Ordinances, Laws.
8.64.580 Penalty – Subsection V.
8.64.500 SOLID WASTE COLLECTION AND DISPOSAL FEE
In addition
to all other fees set forth in this Chapter, the following fees shall be imposed, charged,
collected, and paid in the manner set forth below:
8.64.510 CREATION
There is hereby established a solid waste collection
and disposal fee, effective January 1, 2011. The entire charge and management of the
solid waste collection and disposal operation is vested in the City Manager, subject,
however, to the general control and supervision of the Common Council, pursuant to
applicable State law.
8.64.520 INCOME AND REVENUE
The solid waste collection and
disposal fee finances shall be accounted for in the Sanitation Fund by the City. There
shall be established annually a Sanitation Fund budget which is to include all solid
waste collection and disposal costs and other costs related to the operation of the solid
waste collection and disposal program. The annual Sanitation Fund budget is subject to
approval by the Common Council.
8.64.530 ELIGIBLE CUSTOMER AND PROPERTY CLASSIFICATION
For the purpose of imposing and collecting the fee established under this
Subsection, the following eligible customer classifications shall apply:
A.
All residential properties containing up to four (4) separate dwelling units
shall be subject to the fee.
B.
All condominiums receiving solid waste collection and disposal service
performed by employees of the City of Janesville or its subcontractors shall be subject
to the fee.
C.
All non-residential facilities receiving solid waste collection and disposal
service performed by employees of the City of Janesville or its subcontractors shall be
subject to the fee. This provision shall not apply to any City of Janesville governmental
facilities.
D.
All unoccupied, developed, residential lots and parcels shall be subject to
the fee.
E.
In all classifications above, each separate dwelling unit on a single parcel
shall be subject to the fee.
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8.64.540 RATES AND CHARGES
A.
Beginning January 1, 2011, the fee charged to each Eligible Customer, as
classified in Section 8.64.530 of this Subchapter, and annually on the first day of each
year thereafter, shall be Forty Dollars and 00/100 ($40.00) per calendar year.
B.
Every Eligible Customer shall pay to the City the applicable Solid Waste
Collection and Disposal Fee established and imposed under this Subsection when due
for each property and dwelling unit.
C.
The basis for computation of the Fee is established under this Subsection.
The amount of the fee to be imposed, the establishment of formulas for the calculation
of charges, the creation of customer classifications for the imposition of the fee, and
changes in such charges, formulas, and customer classifications shall be consistent
with this Ordinance. The fee established pursuant to this Ordinance shall be fair and
reasonable. A schedule of current fee charges shall be maintained and on file in the
office of the City Clerk.
D.
Charges shall be imposed to recover all or a portion of the costs of the
City’s solid waste collection and disposal program. Such charges may include, but are
not limited to, the following components:
1. Collection Component.The Collection Component shall include the
estimated annual costs associated with the physical act of solid waste collection
performed by employees of the City of Janesville or its subcontractors. This includes
the act of curbside or off-street collection of solid waste and the total cost to transfer
collected solid waste to a licensed solid waste disposal and/or processing facility. The
Collection Component shall be calculated by taking the sum of all Collection Component
costs and dividing that sum by the estimated number of billable customers.
2. Disposal Component.The Disposal Component shall include the
estimated cost of disposing of all collected residential waste at a licensed solid waste
disposal or processing facility. The Disposal Component shall be calculated by taking
the sum of all disposal and/or processing costs and dividing that sum by the estimated
number of billable customers.
8.64.550 BILLING
The billing schedule for the solid waste collection and
disposal fee shall coincide with the billing schedule for the Janesville Water Utility and
the Janesville Stormwater Utility. The fee shall be due and payable to the City
Treasurer at the same time that the Water Utility bills are payable but in no event sooner
than the first billing statement sent to customers for the fee each calendar year.
8.64.560 PAYMENT OF CHARGE; LEIN; PENALTY
A.
Fees shall be payable upon receipt of invoice or statement, or as of the
date of mailing, subject to the provisions of this section.
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B.
Fees shall not be payable in installments.
C.
Fees remaining unpaid for a period of thirty (30) days or more from the
date of the invoice or statement shall be assessed a late payment penalty charge. All
delinquent fees shall be subject to a penalty of one percent (1%) computed every thirty
(30) days upon the unpaid balance and will be added thereto, in addition to all other
charges, penalties or interest, arising or imposed, when the delinquent charge is
extended upon the property tax roll for that year.
D.
If a charge and/or late penalty remains unpaid for a period of thirty (30)
days after the date of the invoice or statement, such charge and penalty, from the date
of the invoice or statement mailing, shall become a lien upon the real property to which
it applies, as provided in Sections 66.0821 and 66.0809, and other applicable provisions
of the Wisconsin Statutes, as from time to time amended or renumbered.
E.
Delinquent charges and penalties each year shall be automatically
extended upon the next available tax roll as a delinquent tax against the real property,
and all proceedings relating to the collection, return, and sale of property for delinquent
real property taxes shall apply to such charges.
8.64.570 CONFLICT WITH OTHER ORDINANCES, LAWS
In the event
of any conflict between any provision set for in this Subsection and any other City
ordinance, the competing provisions shall be harmonized to the fullest extent possible
so as to facilitate the intent and proper effect of the separate areas of regulation.
8.64.580 PENALTY - SUBSECTION V
A.
Any person who violates or causes to be violated any provisions set forth
in this Subsection shall, upon conviction thereof, pay a forfeiture to the City in the
amount of not less than Fifty Dollars and 00/100 ($50.00) nor more than One Thousand
Dollars and 00/100 ($1,000.00), together with the cost of prosecution thereof. Upon
default in payment of the imposed forfeiture, the violator shall be committed to the Rock
County Jail for a term of not more than ninety (90) days.
B.
The payment of such imposed forfeiture shall be in addition to the
payment of any and all residential solid waste collection and disposal user fee charges
imposed by this Chapter.
C.
Each day’s continuance of a violation shall constitute a separate offense
to which a separate forfeiture may be imposed.
D.
It shall be the responsibility of the violator to cease and abate the violation
immediately.
E.
In addition to the forfeitures set forth above and payment of the charges,
the City may seek, obtain and enforce injunctive relief.
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SECTION V. This ordinance and its fees shall take effect at 12:00 o’clock
a.m. on January 1, 2011, the public interest, welfare, benefit and good so
requiring, and the Common Council so finding.
Shared/Ordinance Solid Waste 2010-463 Changes to Solid Waste and Recycling Ordinance Wald.doc
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