#2 Public hearing and action to ban asphalt roof shingles from landfill disposal and incorporate provisions associated with automated collection of trash and recyclables (File Ord. #2012-512)
DEPARTMENT OF PUBLIC WORKS MEMORANDUM
March 15, 2012
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 to Ban Asphalt Roof Shingles
from Landfill Disposal and to Incorporate Provisions Associated with the
Automated Collection of Trash and Recyclables (File Ordinance 2012-
512)
Summary
File Ordinance 2012-512 amends Janesville General Ordinance 8.64 (Solid Waste and
Recycling). Specifically, the proposed Ordinance bans the disposal of asphalt roof
shingles from the City’s landfill (effective July 1, 2012), and incorporates provisions
necessary to reflect the City’s transition from manual to automated collection of trash
and recyclables. Both changes are consistent with provision of the 2012 Sanitation
Fund budget and prior City Council direction.
Staff Recommendation
Following the public hearing, staff recommends the City Council adopt File Ordinance
2012-512.
Recommended Motion
Move to adopt File Ordinance 2012-512 amending the City’s Solid Waste Ordinance to
ban asphalt roof shingles from landfill disposal, and incorporating provisions associated
with the automated collection of trash and recyclables.
City Manager Recommendation
The City Manager concurs with the staff recommendation.
Request
The Sustainable Janesville Committee provided the recommendation to ban shingles
from landfill disposal. There was no specific request for the ordinance changes related
to automation, however, these changes are necessary as a result of the conversion to
automation.
Background
Ban on Disposal of Asphalt Roof Shingles The 2012 Sanitation Fund budget provides
for a ban on the disposal of asphalt roof shingles at the City’s sanitary landfill. Staff is
proposing a July 1, 2012 implementation date, which provides time to inform customers
and residents. Those wanting to dispose of shingles would be directed to local outlets
for recycling, as is currently done with electronic and certain other wastes. For budget
purposes, staff estimated 2,000 tons of asphalt shingles would be diverted from landfill,
resulting in a net loss of landfill revenue of approximately $42,000. The net revenue
loss will likely be less than this amount, given the proposed July 1 implementation.
Provisions Associated with the Conversion to Automated Collection of Trash and
Recyclables Also included in the 2012 Sanitation Fund budget are provisions for
conversion from manual to automated collection of trash and recyclables. Several
ordinance amendments are required to reflect the change in collection method, primarily
dealing with collection cart use:
Changes cover residential dwelling units and non-residential facilities and
properties (businesses).
Consistent with current practice, non-residential facilities are limited to a
o
maximum of one 95-gallon trash cart per collection event. The City
currently services approximately 200 non-residential facilities and has a
maximum limit of 90-gallons of waste.
Non-residential facilities would also be eligible to receive collection service
o
for recyclables, up to a maximum of two 95-gallon carts unless otherwise
approved. The City does not currently offer recycling service at these
facilities.
More specific provisions are included for the proper placement of collection carts
to ensure they can be serviced. This includes distinctions for paved and
unpaved streets with and without curb and gutter.
A requirement for utilization of a cart specified and/or provided by the City in
order to receive collection service.
ORDINANCE NO. 2012-512
An ordinance amending Chapter 8.64 Solid Waste and Recycling, Section
Directory; Subsection I, Sections 8.64.020, 8.54.080 and 8.64.090; Subsection II,
Section 8.64.120 (C); Subsection III, Sections 8.64.200, 8.64.210, and 8.64.220; and
Subsection IV, Section 8.64.310 (A).
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I.
Chapter 8.64 Section Directory of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
CHAPTER 8.64
SOLID WASTE AND RECYCLING
Sections:
SUBSECTION I
8.64.010 Purpose
8.64.020 Statutory Authority
8.64.030 Abrogation and Greater Restrictions
8.64.040 Interpretations
8.64.050 Severability
8.64.060 Applicability
8.64.070 Administration
8.64.080 Effective Date
8.64.090 Definitions
SUBSECTION II
8.64.100 Sanitary and Demolition Landfills
8.64.110 Use--Required
8.64.120 Use--Restrictions
8.64.130 Regulations
8.64.140 Removal of Objects--Permission Required
8.64.150 Fee Schedule
8.64.160 Waste Weights--Method of Computing
8.64.170 Commercial Hauling--Permit Required
8.64.180 Covered Loads--Required
8.64.190 Violation -- Penalty -- Subsection II
SUBSECTION III
8.64.200 Residential Solid Waste and Recyclables Collection
And Certain Commercial Non-Dumpster Solid Waste Collection
Collection of Solid Waste and Recyclables Generated at Residential
Properties and at Certain Non-Residential Facilities and Properties
8.64.210 Location, and Times and Volumes
8.64.220 Containers Collection Carts
8.64.230 Non-City Waste and Recyclables Prohibited
8.64.240 Ownership of Materials
8.64.250 Violations -- Penalty -- Subsection III
SUBSECTION IV
8.64.300 Mandatory Recycling Program
8.64.310 Separation of Recyclable Materials
8.64.320 Separation Requirements Exempted
8.64.330 Care of Separated Recyclable Materials
8.64.340 Responsibilities of Owners or Agents of Multiple-Family Dwellings
and Non-Residential Facilities and Properties
8.64.350 Prohibition on Disposal of Recyclable Materials Separated for
Recycling
8.64.360 Enforcement
8.64.370 Violations -- Penalties -- Subsection IV
SUBSECTION V
8.64.500 Solid Waste Collection and Disposal Fee
8.64.510 Creation
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
SECTION II.
Section 8.64.080 is deleted and Sections 8.64.020 and 8.64.090 of the Code of
general Ordinances of the City of Janesville are hereby amended to read as follows:
8.64.020 STATUTORY AUTHORITY
.
Portions of this ordinance dealing with recycling are adopted under the authority vested
in cities under Section 159.09(3)(b) 289, Wis. Stats., as from time to time amended, recreated or
otherwise modified.
8.64.080 EFFECTIVE DATE
.
The provisions of this amended chapter shall take effect on 12:01 o'clock A.M. on
January 1, 1995.
8.64.090 DEFINITIONS
. As used in this Chapter:
A.“Asphalt Roof Shingle”
A roof shingle made of felt impregnated with asphalt
and covered with mineral granules.
A.B. Bi-metal container
“” A container for carbonated or malt beverage that is made
primarily of a combination of steel and aluminum.
B.C.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.D.City
“” City of Janesville.
E“Collection Cart”
. A wheeled cart issued by the City to each customer eligible
for collection of solid waste and recyclables which must be utilized by the customer in order to
receive collection service provided by the City.
D.F. County
“” Rock County.
E.GDemolition 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.H.Department
“” The City of Janesville Department of Public Works.
G.I.DNR
“” Department of Natural Resources.
H.J. 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.
I.KEffective recycling program
. “” Has the meaning specified in NR544
Wisconsin Administrative Code, as from time to time amended.
J.L. 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 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.M. 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 or Eligible
Customers, as set forth in 8.64.530.
L.N.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.
M.O.HDPE
“” High density polyethylene, labeled by the SPI code #2.
N.PHazardous 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.
O.QLDPE
. “” Low density polyethylene, labeled by the SPI code #4.
P.RMagazines
. “” Magazines and other materials printed on similar paper.
Q.S.Major appliance
“” A residential or commercial air conditioner, clothes dryer,
clothes washer, dehumidifiers, dishwasher, freezer, microwave oven, oven, refrigerator, stove,
furnace, boiler and water heater.
R.TMotor oil
. “” An engine oil that is unmixed with any other substance which can
no longer be used for its intended purpose.
S.U.Multiple-family dwelling
“” A property containing five (5) or more residential
units including, but not limited to, those which are occupied seasonally.
T.VNewspaper
. “” A newspaper and other materials printed on newsprint.
U.WNon-residential facilities and properties
. “” Commercial, retail, industrial,
institutional and governmental facilities and properties. This term does not include multiple
family dwellings.
V.XOffice paper
. “” High grade printing and writing papers from offices in non-
residential facilities and properties.
W.Y.Oil Filter and Oil Absorbing Material
“” Used oil filters and oil absorbents
originating at non-residential facilities.
X.ZOther resins or multiple resins
. “” Plastic resins labeled by the SPI code #7.
Y.AAPerson
. “” 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.
Z.BBPETE
. “” Polyethylene terephthalate, labeled by the SPI code #1.
AA.CCPlastic 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.
BB.DDPost-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.
CC.EEPP
.“” Polypropylene, labeled by the SPI code #5.
DD.FFPS
.“” Polystyrene, labeled by the SPI code #6.
EE.GGPVC
.“” Polyvinyl chloride, labeled by the SPI code #3.
FF.HHRecyclable materials
.“” 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.
GG.II.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.
HH.JJ.Responsible Unit
“” Has the meaning specified in s. 159.09 Wis. Stats.
II.KK.Solid Waste
“” Has the meaning specified in s. 144.01(15), Wis. Stats.
JJ.LL.Solid Waste Disposal Facility
“” Has the meaning specified in s. 144.43(5),
Wis. Stats.
KK.MMSolid 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.
LL.NNWaste tire
.“” A tire that is no longer suitable for its original purpose because
of wear, damage or defect.
MM.OOYard 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 III.
Section 8.64.120 (C) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
8.64.120 USE--RESTRICTIONS.
C.
The following wastes and materials are prohibited from disposal, placement or
deposit at, upon or into any City Sanitary or Demolition Landfill by any person at any time:
1
. Lead-acid batteries
2
. Major appliances
3
. Motor oil, oil filters or oil absorbent materials
4.
Toxic or hazardous wastes
5.
Waste tires
6.
Yard wastes
7.
Materials listed in Section 8.64.310, 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.
9.
Electronic wastes
10.
Effective July 1, 2012, asphalt roof shingles
SECTION IV.
Section 8.64.200, Section 8.64.210, and Section 8.64.220 of the Code of
General Ordinances of the City of Janesville are hereby amended to read as follows:
8.64.200 RESIDENTIAL SOLID WASTE AND RECYCLABLES
COLLECTION AND CERTAIN COMMERCIAL NON-DUMPSTER SOLID WASTE
COLLECTIONCOLLECTION OF SOLID WASTE AND RECYCLABLES
.
GENERATED AT RESIDENTIAL PROPERTIES AND AT CERTAIN NON-
RESIDENTIAL FACILITIES AND PROPERTIES
The following provisions shall apply to residential solid waste and recyclables collection
and certain commercial non-dumpster solid waste collection in the City. collection, by the City,
of solid waste and recyclables at all residential properties and certain non-residential facilities
and properties
8.64.210 LOCATION, AND TIMES AND VOLUMES.
A
. Solid wastes and recyclables placed for collection shall be placed near the curb at
the street unless other specific authorization from the Director of Public Works is obtained.
Collection carts containing solid waste and recyclables shall be placed for collection in the
following manner, unless otherwise authorized by the Director of Public Works:
1.On streets having curb and gutter, collection carts shall be placed so the front
of the collection cart faces the street and so the cart is immediately adjacent to
the curb and gutter, including carts placed in driveway openings. Collection
carts may also be placed within the curb line of the street provided such
placement does not obstruct normal vehicular traffic.
2.On paved streets without curb and gutter, collection carts shall be placed so
the front of the collection cart faces the street so the cart is immediately
adjacent to the edge of pavement. Collection carts may also be placed on the
edge of pavement provided such placement does not obstruct normal vehicular
traffic.
3.On unpaved streets without curb and gutter, collection carts shall be placed so
the front of the container faces the street and so the cart is immediately
adjacent to future planned placement of curb and gutter, including carts placed
in existing and/or planned future driveway openings.
B.
Solid wastes and recyclables shall be placed at the street not earlier than twenty-
four (24) hours prior to the day of scheduled collection but before seven (7:00) o'clock a.m. on
the day of collection.
C
. Commercial non-dumpster solid wastes may be placed at the curb by Janesville
businesses for collection by the City for disposal at the landfill on that business’ customary trash
collection day each week. Commercial non-dumpster solid waste deposited by a business at the
curb one day each week shall not exceed ninety (90) gallons -- approximately three (3) thirty
gallon normal trash containers -- in volume in any week or curbside placement for any one
business, lot or site. Solid waste placed at curbside in conformity with this ordinance shall be
removed by the City. All residential properties and certain non-residential facilities and
properties are eligible to receive collection service from the City at a frequency determined by
the City. Non-residential facilities and properties must request collection service and must be
approved by the City prior to receiving collection service. Solid waste placed for collection by
non-residential facilities and properties shall not exceed the capacity of one, 95-gallon collection
cart in aggregate per scheduled collection event. Recyclable materials placed for collection at
non-residential facilities and properties shall not exceed the capacity of two, 95-gallon collection
carts in aggregate per scheduled collection event without prior approval from the City.
D.
Public and private trash and recyclable collection and hauling may only occur
between 6:00 o’clock A.M. and 9:00 o’clock P.M. in residentially zoned districts (R1, R1D, R2,
R3M, R3, R4) within the City.
8.64.220 CONTAINERSCOLLECTION CARTS
.
A.
Solid waste containers larger than thirty five (35) gallons shall not be collected or
emptied by the City, nor shall any person place any such larger container at the street. All
residential properties and non-residential facilities and properties receiving service from the City
for the collection of solid waste and recyclables shall utilize collection carts specified and/or
provided by the City.
B
. The following shall apply to recyclables containers: Solid waste and recyclables
must be fully contained within the collection carts specified and/or provided by the City,
with the cart lid closed, in order to be collected. Solid waste and recyclables placed
outside of the collection cart shall not be collected.
1
. At a minimum, recyclables placed for collection must be contained within,
next to or under the City-designated recycling container, as designated from time to time by the
Director of Public Works.
2
. Additional bins can be used for recyclables collection only if each of the
following are observed:
a
. it is hard-sided metal or plastic
b
. it is less than twenty gallons in size
c
. it has attached, effective and adequate carrying handles.
C
. Single items, or containers containing solid waste or recyclables, weighing more
than fifty (50) pounds shall not be collected or emptied by the City, nor shall any person place
any such larger container at the street.
DC
. All recyclables and solid waste containers collection carts shall be removed from
the street right-of-way after collection by the City on the day of collection.
SECTION V.
Section 8.64.310 (A) of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
8.64.310 SEPARATION OF RECYCLABLE MATERIALS
.
A
. Occupants of single family and two-to-four-unit residences, multiple family
dwellings and non-residential facilities and properties shall separate the following materials from
post-consumer waste prior to deposit in any City Landfill and prior to deposit or placement at
curbside for collection:
1
. Lead-acid batteries;
2.
Major appliances;
3
. Motor oil;
4.
Yard waste;
5.
Aluminum containers;
6.
Bi-metal containers;
7.
Corrugated paper and other container board;
8
. Foam polystyrene packaging;
9
. Glass containers;
10.
Magazines;
11
. Newspapers;
12
. Office papers;
13
. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and
other resins or multiple resins;
14.
Steel containers;
15.
Waste tires.
16.
Electronic waste
17.
Asphalt roof shingles
SECTION II. These amendments, unless otherwise indicated, shall become effective
October 1, 2012, the public interest, welfare, benefit and good so requiring, and the
Common Council so finding.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
Steeber
ATTEST:
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: John Whitcomb, Operations Director
Prepared by: John Whitcomb, Operations Director