Waukesha's garbage and recycling rules get updated

Todd Ponath
Advance Disposal crews unload a truck with garbage and recycling bins on American Avenue earlier this year. The garbage and recycling carts were delivered to eligible residences and now the city is looking to adopt an ordinance that reflects the changes made to its collection system.
Published on: 7/31/2015

The city of Waukesha has had a new garbage and recycling system since the beginning of this year, but some of the rules tied to that system have resulted in some more trash talk.

The city wanted to revise its solid waste and recyclables collection ordinance to reflect new language and requirements for the new system. As a result, two city panels recently revisited the relevant guidelines.

And that opened up a fresh debate during which elected officials expressed concerns about what the new system means for residents — especially those of multifamily properties.

Impetus for changes

The city, along with many other Waukesha County communities, changed its garbage and recycling system earlier this year after beginning a contract with Advanced Disposal.

In a partnership between Waukesha and Milwaukee counties, the city moved to a more automated system for garbage pickup and a single-stream recycling system with carts, instead of garbage cans and blue recycling bins.

The city is now looking to update its ordinance to reflect the new system. In a joint meeting of the Ordinance & License Committee and Board of Public Works on Thursday, July 23, the city bodies recommended, in a combined 6-1 vote, for approval the new ordinance.

According to the ordinance, Advanced Disposal will pick up garbage and recycling collection at a single-family residence that fronts a street and at multifamily residences (apartments or condos) that contains four or fewer units. Both of these property types are also eligible for bulk-item trash collection by curbside set-out.

Bulky problem

Under the rules, not everyone benefits from the collection system.

Multi-family residences with more than four units are not eligible for garbage, bulky item or recycling services. Single- and multi-family residences on private drives — where the front elevation does not directly face a city street — and non-residential properties are not eligible for any collection service, either.

Department of Public Works Director Fred Abadi said bulky items being left at large apartment complexes has become a problem for the city.

"We found out that some apartments were supposed to have their own garbage service," Abadi said. "For whatever reason, they get small Dumpsters they contract out and then as a result the (bulky items) get left for the city. It's not called in and it's a high cost to the city."

One resident at the meeting didn't find such an arrangement fair, saying that those living in multifamily buildings should have the same privilege as those in single-family homes.

Against changes

The full council is expected to vote on the ordinance next month, and at least two aldermen aren't comfortable with the rules, as they are now written.

Alderman Aaron Perry, who voted against the revised ordinance at the committees' joint meeting, felt changes to the ordinance should have been made before the contract was signed.

"We have an opportunity to make this a little more universal and, in my opinion, a little more fair," Perry said. "I wish we would have done this prior to the contract being done. We're kind of doing this backwards."

Alderwoman Kathleen Cummings, who was speaking from the audience at the recent meeting, agreed the rules should have been in place first.

"A contract should reflect the policy, not the other way around," Cummings said.

She also felt city officials were creating laws they "probably don't intend to enforce."

According to the ordinance, carts should be placed for collection no earlier than noon the day before a scheduled collection and no later than 6:30 a.m. the day of the collection. Carts that have been emptied should be removed from the collection location no later than 9:30 p.m. the day of the scheduled collection.

Abadi acknowledged the city does not have the staff to inspect who has retrieved their carts. But if the city receives complaints, it would review the situation and could send the homeowner a citation.

Mayor Shawn Reilly said the city's current ordinance was unclear as to what properties had been receiving services. (City Attorney Brian Running added the current ordinance doesn't even say the city must provide garbage and recycling service.)

"We need some bright-line rules," Reilly said.

A need for clear policy

Reilly also cautioned that if the city were to expand the level of service in any way to include more multifamily units, it would cost the city financially. Reilly added Waukesha's policy is mirroring other municipalities.

Alderman Daniel Manion, a member of Ordinance & License Committee, questioned why there was such a long lag time from when the council voted on the contract to the updated ordinance coming forward.

In reply, Alderman Joe Pieper said it takes time.

"Right or wrong, there are instances where things don't happen as quickly as council members would like," Pieper said. "But I can tell you staff has worked very constructively with a number of council members. We needed a policy in place to figure out a way to make things very clear."

Cummings, however, said she knows of an instance where someone had received collection pick up for 30 years and they now no longer do.

Abadi said because of an "oversight" within his department some multifamily properties had been receiving service but under the new ordinance were now not eligible.

Abadi said his staff has already identified these properties and will send out a list to the council before the aldermen vote on the ordinance.

"The new contract and ordinance is not reducing or eliminating service for any eligible property," Abadi stressed.