2012-512 t -
ORDINANCE NO. 2012 -512
An ordinance amending Chapter 8.64 Solid Waste and Recycling, Section
Directory; Subsection 1, Sections 8.64.020, 8.54.080 and 8.64.090; Subsection 11
Section 8.64.120 (C); Subsection 111, Sections 8.64.200, 8.64.210, and 8.64.220; . nd
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 Ci 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 Eff tiye ate
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 .. . • • ... • • , •
try Utl t '_ r�
g ee r ec at R + l
o W" i r + • r F acilities nd Pr !
8.64.210
8.64.220 ci�1 do C air
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 Dwelling
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 Cod: 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 vest -d
in cities under Section 159.09(3)(b) 2 ;09 Wis. Stats., as from time to time amended, recreate' or
otherwise modified.
• • - - - - .. - ., - - - :e :' . . ' . •
January 1, 1995.
8.64.090 DEFINITIONS. As used in this Chapter:
1A " "A + e Toot ! E u , n1l ,. eo felt�P a ,? t °`l
and coyer 9 1. 7- 6r "-
B, "Bi -metal container" A container for carbonated or malt beverage that is ade
primarily of a combination of steel and aluminum.
"Bulky Waste" Discarded articles of such size as are not normally collectes
•
with residential or commercial waste including, but not limited to, appliances, furniture,
plumbing fixtures, windows and doors.
�.� "City" City of Janesville.
+ � d b C t t eac cus a er elig r le
for col r o n o sp , ; a « uuhi tix�dby the Gus p n r
receive co crev `,,.. .: .� ., ... .:.
`' "County" Rock County.
"Demolition Waste" Waste resulting from building construction or demoli
alteration or repair including excavated material, remodeling and other waste such as concrete,
stone, asphalt, sod, earth, dirt and brick.
R "Department" The City of Janesville Department of Public Works.
� . "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 th.
members of the family, are lodged or boarded for compensation at any one time.
NK, "Effective recycling program" Has the meaning specified in NR544
Wisconsin Administrative Code, as from time to time amended.
. "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 v deo
players, fax machines, and cell phones.
iM "Eligible Customer" Owner(s) of Real Property enumerated and describe. 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.
1, 1 "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 t -
packaged article in a shipping container.
(c) Consists of rigid materials shaped to hold and cushion the
packaged article in a shipping container.
* "HDPE" High density polyethylene, labeled by the SPI code #2.
O "Hazardous or Toxic Wastes" Waste material or substances which durin_
normal storage or handling may be a potential cause of harm, including but not limited to
pharmaceutical materials, corrosive chemicals, poisonous or pathogenic substances, pesticid •
chemicals, radioactive materials, toxic materials and all other similar harmful substances wh-ther
in solid, liquid or gaseous form.
"LDPE" Low density polyethylene, labeled by the SPI code #4.
Rift "Magazines" Magazines and other materials printed on similar paper.
$S. "Major appliance" A residential or commercial air conditioner, clothes d , er,
clothes washer, dehumidifiers, dishwasher, freezer, microwave oven, oven, refrigerator, sto e,
furnace, boiler and water heater.
'WV "Motor oil" An engine oil that is unmixed with any other substance which can
no longer be used for its intended purpose.
V. "Multiple- family dwelling" A property containing five (5) or more reside tial
units including, but not limited to, those which are occupied seasonally.
**-. "Newspaper" A newspaper and other materials printed on newsprint.
1,4W. "Non- residential facilities and properties" Commercial, retail, industrial,
institutional and governmental facilities and properties. This term does not include multiple
family dwellings.
V:X "Office paper" High grade printing and writing papers from offices in non-
residential facilities and properties.
WX. "Oil Filter and Oil Absorbing Material" Used oil filters and oil absorbent
originating at non - residential facilities.
Z. "Other resins or multiple resins" Plastic resins labeled by the SPI code #7
*. " Person" Any individual, natural or artificial including, but not limited to, y
firm, company, municipal or private corporation, association, society, institution, enterprise, j lint
venture, partnership, limited liability company, governmental agency, governmental unit, or
other entity howsoever comprised or constituted.
ABB, "PETE" Polyethylene terephthalate, labeled by the SPI code #1.
AA.CC, "Plastic container" An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain a product that is the subject I f a
retail sale.
R$ DD► "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.
LE, "PP" Polypropylene, labeled by the SPI code #5.
;14 "PS" Polystyrene, labeled by the SPI code #6.
m n "PVC" Polyvinyl chloride, labeled by the SPI code #3.
;I' "Recyclable materials" Lead acid batteries; major appliances; waste oil; y. rd
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 resi s;
steel containers; waste tires; and bi -metal containers.
Vi "Residential Property" Means a lot or parcel of land developed exclusivel
for residential purposes, including single - family units, duplexes, and multi - family buildings
containing up to four separate units. The term includes condominiums and manufactured ho es.
"Responsible Unit" Has the meaning specified in s. 159.09 Wis. Stats.
" Solid Waste" Has the meaning specified in s. 144.01(15), Wis. Stats.
!MIL. "Solid Waste Disposal Facility" Has the meaning specified in s. 144.43(5),
Wis. Stats.
f.11 L. � "Solid Waste Treatment" Any method, technique or process which is
designed to change the physical, chemical or biological character or composition of solid was e.
"Treatment" includes incineration.
L NN "Waste tire" A tire that is no longer suitable for its original purpose becaus -
of wear, damage or defect.
MOO "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 includ
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 land: ill.
9. Electronic wastes
10 ry� lect ue July 1 2(11 aipha3, <. bsngl
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 . _, • • _ -� - - �-
II
COLLECTION
g
GENERATE 7► e 0E14; ' ' E ' A. a TIN.
RESI DENTIAL. ^„°TIE r s 1 3 t
The following provisions shall apply to residential solid waste and recyclablcs collection
- - co l on, by the Cry, •
of solid waste r - V
aqe t able t . 10'41.
. i1`i i r ertics auCerta non-residential facilit
and properties
8.64.210 LOCATION, AND TIMES AN,, L IE .
A. Solid wastes and recyclablcs placed for collection shall bo placed near the curb at
the street unless other specific authorization from the Director of Public Works is obtained.
Collect: 1 co i ta l % ; �d reo clables s be p .cei or coll g n t e
follow ®® ii i an ed b the D o o nb c , 0r 1 CV
tin , i � ur andgu�tte on s s all p cede i t
Of i on c� # tb tr i o e i
� es 1 t t:
, � � .�
> `' i i w , inclu g . i i §':� °> y • i s' rt
1 : b epl ce i i h i °° i 1 . h tree 'p i 4 . a : i ., c
oes of obs 4 , cn
k w� ��4 «I' f u r x�
2 i, i � i e fir M c N l@ placid o
t 14:.4i-444661):e' i i � ` � ;� i o e a •
l t di atel y
a i i the edgy i olle , `o b 'olaeed tae
4,0 i el AZ1 i _ i i em ... i oei pt. o struct normal .. ® ^ -
3, r i ° e treets „ t d g 6$ 'a carts s tall .. 1 4' i ®ec so
fr c • s e • a�thecam is rn in i ly
.le.etx +...+ t + : � � ttrncl??
•
B. Solid wastes and shall be placed at the street not than -
four (24) hours prior to the day of scheduled collection but before seven (7:00) ear o lier 'clock a twenty .m. o i
C. - - -. ..- • -. - :. .: ., - -
businesses for collection by the City for disposal - at fill on that business' cu t
stomary trash
collection day each week. Commercial non dumpster the so lid land waste deposited by a b a ho
the day of collection.- + o+ - '� f +®t C 1teS a
remove by the City nil' � �
properties are ,e..*___-,.-„,,,,, + . v . cc t + se ce + - ® + , ency c e � d
�
r- t Cit �c n r e • • • w e s r u it • e ' 11,11,C41:$' ce vice an d must be
' e - et 1- 6' e , :e • .. + , '. . + 1t ta �i l wit c d fo l te 4.-
i by ..
•aft f oue, gp on co i
non t o 2 + + • +� �+ a + e � g h y,
c art in ® � � s • 4.,..!.-,,-,:,'-----,-- ' + + + .,,,,,,n'• �e played fo
ur colle tko t
non - resi+ entiaW f e,o an + • p + c . A O ' l : t + � �twp, 9 gallo l c i
c art s inTag r'egatep h t - ® + p e v # r� a p al t th ?'
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. in residentially zoned districts (Rl, R1D, R2,
R3M, R3, R4) within the City.
8.64.220 COLLECTION CARTS
A. Solid waste containers larger than thirty five (35 gallons shall not be collccte_i or
reszdentxa p4
�� - -.. +e r ,s1.9_9,-,, + � e + ce 1 t *
for the 6011%,,,,,'--:,,,„,,,,.- n. o '.,r q . "...... e �l fr ma s cue r
prov d ; by -,
,fit + _ +• „ ";%,,,,,,,..., a i + c • ��t ®��y
e
1. At a mi roc clables placed
M tS 4 t , ::. * 444mr ®' + s p a
y for collection mus bo contained within,
next to or under the City designated recye1ing container, as designated from t i m e to time by the
Dircctor of Public Works.
following arc observed:
a. it is hard sided metal or plastic
b, it is less than twenty gallons in size
c.
it has attached, effective and adoquatc carrying handles.
C. S i n glo items, or c ontainors containing solid waste o recyc lablos, weighing more
t fifty (5 0) po unds shall not bo co llected or cmp tiod by tho City, nor shall any person place
All • - 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 Janes ille
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 f om
post - consumer waste prior to deposit in any City Landfill and prior to deposit or placement a
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 . d
other resins or multiple resins;
14. Steel containers;
15. Waste tires.
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: March 26, 2012 Motion by: Rashkin
Second by: Liebert
APPROV D: 1 / / Councilmernber Aye Nay P =ss Absent
Dongarra -Adas X
71-e-- / Liebert X
Eric . Levitt, , , Manager McDonald X
if Rashkin X
ATTEST: Steeber X
Voskuil X
_ /. // ..d/AL., L s.&■/
Jean , nn Wulf, City Clerk- Treasurer
APPROVED AS TO FORM: ,
7,i1z9(/-4X' ..- — - - _
Wald Klimczyk, Cl A orney ``s
Proposed by: John Whitcomb, Operations Director = ti
Prepared by: John Whitcomb, Operations Director --