City of Milwaukee - File #: 170183

• File #: 170183
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 5/9/2017
• In control: COMMON COUNCIL
• Final action: 7/30/2019
• Effective date: 8/16/2019
• Title: A substitute ordinance relating to regulations for disposition of waste tires.
• Sponsors: ALD. HAMILTON
• Indexes: REFUSE DISPOSAL, TIRES

Date	Ver.	Action By	Action	Result	Tally
8/15/2019	2	CITY CLERK	PUBLISHED
8/8/2019	2	MAYOR	SIGNED
7/30/2019	2	COMMON COUNCIL	PASSED	Pass	14:0
7/16/2019	1	LICENSES COMMITTEE	SUBSTITUTED; Minutes note: Proposed Substitute B	Pass	3:0
7/16/2019	1	LICENSES COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Pres. Hamilton Mike Mannan - DNS Anthony Goodman - DNS Michael Scott 3507 W Wright St stated there is a company that picks up his waste tires twice a week and this ordinance isn't going to prevent the illegal dumping. Howard Benson 2705 W Clybourn St stated the problem is the individual customers who dump the waste tires. Boykin Blackman 3854 N Teutonia Ave stated he used to be inspected for waste tires, but that doesn't happen anymore.	Pass	4:0
7/11/2019	1	LICENSES COMMITTEE	HEARING NOTICES SENT
6/27/2017	1	LICENSES COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Samuel Coleman, 1st District Legislative President stated that Ald. Hamilton will like for this item to be held for the next meeting.	Pass	3:0
6/20/2017	1	LICENSES COMMITTEE	HEARING NOTICES SENT
6/20/2017	1	LICENSES COMMITTEE	HEARING NOTICES SENT
6/20/2017	1	LICENSES COMMITTEE	HEARING NOTICES SENT
5/9/2017	0	COMMON COUNCIL	ASSIGNED TO

Number

170183

Version

SUBSTITUTE  2

Reference

Sponsor

ALD. HAMILTON

Title

A substitute ordinance relating to regulations for disposition of waste tires.

Sections

93-49-2                     am

93-49-3                     rn

93-49-3                     cr

93-49-4                     rn

93-49-4                     cr

93-49-5                     rn

93-49-5                     am

93-49-6                     rn

93-49-6                     am

Analysis

This ordinance makes the following changes relating to code provisions regulating waste tires:

1.                     Stipulates costs incurred to remove legally-dumped tires be assessed to the dumper.

2.                     Requires periodic inspection of the premises of each waste tire generator by the department of neighborhood services.

3.                     Requires waste tires on the premises of a licensed recycling, salvaging or towing be permanently marked with the letters “RST” and the licensee’s license number before leaving the premises, and not later than 5 working days after receipt on the premises.

4.                     Requires waste tire generators use only city-licensed waste tire transporters to transport waste tires.

5.                     Stipulates records kept by waste tire generators and waste tire transporters include the quantities of tires picked up and delivered to waste tire disposers.

6.                     Requires licensee tire disposition records be submitted to the department of neighborhood services 60 days prior to each anniversary of license issuance.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 93-49-2 of the code is amended to read:

93-49. Waste Tires.

2. >>IMPROPER<< DISPOSAL. No licensed recycling, salvaging or towing premises or vehicle may knowingly dispose of any waste tires >>improperly by disposing of waste tires in a manner<< other than to a tire disposer or tire reprocessor. >>A waste tire transporter who improperly disposes of waste tires shall be assessed costs incurred to dispose of the waste tires properly.<<

Part 2. Section 93-49-3 to 7 of the code is renumbered 93-49-5 to 9.

Part 3. Section 93-49-3 and 4 of the code is created to read:

3. INSPECTION. The commissioner of neighborhood services shall periodically inspect the premises of each waste tire generator for proper storage, marking and recordkeeping.

4. REGULATION. a. Each waste tire located at a licensed recycling, salvaging or towing premise shall be permanently marked, by the licensee in a manner approved by the commissioner of neighborhood services, with the letters “RST” and the licensee’s license number. Each tire shall be marked before it leaves the premises, and all tires shall be marked not later than 5 working days after receipt on the premises.

b. A waste tire generator shall use only a city-licensed waste tire transporter to pick up and transport its waste tires.

Part 4. Section 93-49-5 and 6 of the code is amended to read:

5. RECORDKEEPING. Each waste tire generator >>and waste tire transporter<< shall maintain for 3 years all records and receipts relating to waste tires handled by the business. The record for each transaction shall include:

a. For a waste tire generator, the number of waste tires generated, the name of the waste tire transporter, the date >>and quantity<< of pickup and the transporter's recycling, salvaging or towing license number.

b. For a waste tire transporter, the date of pickup, number of waste tires, name and address of the waste tire generator, the name and address of the waste tire disposer or reprocessor, and the date >>and quantity<<of delivery of the waste tires to the waste tire disposer or reprocessor.

6. REPORTING. [[Each waste tire transporter shall submit to the city clerk a semi-annual report of waste tire collections. The city clerk shall determine the type of information required in the report and shall specify the date by which each semi-annual report shall be submitted.]] >>Records required in s. 93-49-5 shall be submitted to the commissioner of neighborhood services, in a form specified by the commissioner, annually 60 days prior to each anniversary of license issuance.<<

LRB

APPROVED AS TO FORM

____________________________

Legislative Reference Bureau

Date:  ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

Drafter

LRB #168353-3

Aaron Cadle

June 19, 2019