Fiscal Note
No City appropriation required.
Title
Repealing and recreating Sections 7.36 and 10.18 and Amending Sections 3.11(2)(f), 10.19(2), 24.04(7), and 1.03(3)(a) to update the City’s solid waste disposal related ordinances consistent with current City practices and updated State law requirements.
Body
DRAFTER’S ANALYSIS: This ordinance makes several changes to the City’s solid waste disposal related ordinances to bring the ordinances up to date with current City practices and State law requirements and terminology.
The City’s solid waste ordinances were originally created several decades ago. In the intervening time, the City has been at the forefront of creating a local recycling program, updating the City’s ordinances as needed. In addition, State law pertaining to solid waste disposal and recycling requirements have continued to change, with recent administrative code changes to Wis. Admin Code Ch. NR 544, including those pertaining to the requirements of an effective recycling program, going into effect on July 1, 2025. This ordinance is updating several City ordinances to reorganize and simplify the City’s solid waste disposal related ordinances, bring the current code into compliance with current city practices by the Streets Division and current State law requirements, and to generally update the terminology currently in use.
The ordinance repeals Section 7.36 and repeals and recreates Section 10.18. Section 7.36 is an old ordinance in the public health code pertaining to the collection and disposal of garbage. The ordinance is duplicative of Section 10.18 and no longer serves its own purpose.
This ordinance repeals and recreates Section 10.18. Among the main changes are streamlining and reorganizing the City’s requirements to directly match those set forth by state law pertaining to solid waste and recyclable materials, and to make the language consistent with existing City practices. Language is being added regarding recycling container requirements for multi-family dwellings and non-residential facilities and properties as required by the State’s updated effective recycling program standards. The Streets Superintendent title is being incorporated into a Streets Division Manager title, which will allow for more organizational flexibility to the City moving forward. Cart removal language is being updated to address private cart storage in the right-of-way. Language regarding plastic bag disposal is being removed as the City no longer separately handles these materials and the City’s regulation of the use and disposal of plastic bags was preempted by the enactment of Wis. Stat. Sec. 66.0419 in 2016.
Additional amendments have been made to Sections 3.11(2)(f), 10.19(2), 24.04(7), and 1.03(3)(a) to bring the language in these related statutes in line with the changes being made to 10.18. As part of these changes, the bond schedule for improper storage of trash and recycling carts is being corrected to reflect a relocation of the language formerly located at Sec. 7.36(7) to Sec. 27.05(2)(cc) by ORD-21-00064 (File ID. 66678).
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Please see Legistar File 92289 Body in Attachments.