[HISTORY: Adopted by the Village Board of the Village of
Sherwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-12-1994 by Ord. No. 94-51]
This article shall be known as the "Recycling Ordinance for
the Village of Sherwood."
The purpose of this article is to promote recycling, composting,
and resource recovery through the administration of an effective recycling
program, as provided in § 287.11, Wis. Stats., and Ch. NR
544, Wis. Adm. Code.
This article is adopted as authorized under § 287.09(3)(b),
Wis. Stats.
It is not intended by this article to repeal, abrogate, annul,
impair or interfere with any existing rules, regulations, ordinances
or permits previously adopted or issued pursuant to law. However,
whenever this article imposes greater restrictions, the provisions
of this article shall apply.
In their interpretation and application, the provisions of this
article shall be held to be the minimum requirements and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes. Where any terms or requirements of this article
may be inconsistent or conflicting, the more restrictive requirements
or interpretations shall apply. Where a provision of this article
is required by Wisconsin Statutes, or by a standard in Ch. NR 544,
Wis. Adm. Code, and where the article provision is unclear, the provision
shall be interpreted in light of the Wisconsin Statutes and the Ch.
NR 544 standards in effect on the date of the adoption of this article,
or in effect on the date of the most recent text amendment to this
article.
The requirements of this article apply to all persons within
the corporate limits of the Village of Sherwood.
The provisions of this article shall be administered by the
Village Board of the Village of Sherwood.
For the purposes of this article, the following terms shall
have the meanings indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, or water heater.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper generally accepted as high grade. This
term does not include industrial waste.
Plastic resins labeled by the SPI Code No. 7.
Any individual, corporation, partnership, association, local
government unit, as defined in § 66.0131(1)(a), Wis. Stats.,
state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
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.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 291.01(7), Wis.
Stats., waste from construction and demolition of structures, scrap
automobiles, or high-volume industrial waste, as defined in § 289.01(17),
Wis. Stats.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
The meaning specified in Ch. 287, Wis. Stats.[1]
The meaning specified in § 289.01, Wis. Stats.[2]
The meaning specified in § 289.01(35), Wis. Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from post-consumer waste:
The separation requirements of § 11-9 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 11-9 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel at a facility
if less than 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 11-9 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
A.
Occupants
of single-family and two- to four-unit residences, multiple-family
dwellings and nonresidential facilities and properties shall manage
lead acid batteries, major appliances and waste oil according to current
Village-contracted waste and recycling disposal service and any other
applicable regulations.
B.
Yard waste shall be brought to the Village yard waste site during
regular operating hours.
Except as otherwise directed by the Village Board, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 11-9A through H:
A.
Aluminum containers shall be rinsed thoroughly and placed in clear
plastic bags along with other recyclables. This includes TV dinner
trays, foil wrap, pot pie pans, siding and aluminum cans.
B.
Bimetal containers shall be rinsed thoroughly, flattened and placed
in clear plastic bags along with other recyclables.
C.
Corrugated paper or other container board shall be flattened, bundled
and tied and placed on the curb with other recyclables, to be picked
up according to the recycling schedule. This excludes chipboard, such
as cereal boxes or soda cartons.
D.
Glass containers, clear and colored, shall be rinsed thoroughly and
placed in clear plastic bags along with other recyclables, to be picked
up according to the recycling schedule. This excludes plate glass,
ceramics or clay items or light bulbs.
E.
Magazines shall be bundled and tied and placed on the curb, to be
picked up with other recyclables according to the recycling schedule.
F.
Newspaper shall be bundled and tied and placed on the curb, to be
picked up with other recyclables according to the recycling schedule.
G.
Office paper shall be bundled and tied and placed on the curb, to
be picked up along with other recyclables according to the recycling
schedule.
H.
Plastic bottles and food containers, including Symbol Nos. 1 to 7,
shall be rinsed thoroughly and placed in clear plastic bags.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 11-9A through H:
(2)
Notify the tenants in writing at the time of renting or leasing the
dwelling about the established recycling program. Residents are kept
updated, through the Village Newsletter, of any changes made to the
recycling program.
(4)
Notify tenants of reasons to reduce and recycle solid waste, which
materials are collected, how to prepare the materials in order to
meet the processing requirements, collection sites, locations and
hours of operation, and a contact person, including telephone number.
This service is also provided four times per year to the residents
through the Village Newsletter.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 11-9A through H from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 11-9A through H:
(2)
Notify the tenants in writing at the time of renting or leasing the
dwelling about the established recycling program. Residents are kept
updated, through the Village Newsletter, of any changes made to the
recycling program.
(4)
Notify tenants of reasons to reduce and recycle solid waste, which
materials are collected, how to prepare the materials in order to
meet the processing requirements, collection sites, locations and
hours of operation, and a contact person, including telephone number.
This service is also provided four times per year to the residents
through the Village Newsletter.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 11-9A through H from solid waste in as pure a form as is technically feasible. No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 11-9A through H which have been separated for recycling, except waste tires, which may be burned with energy recovery in a solid waste treatment facility.[3]
It shall be unlawful for any person or firm, other than the
contracted collector, to scavenge through the recyclables placed for
collection.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee, or representative
of the Village-contracted waste and recycling disposal service or
person or persons in charge of the recycling program for the Village
of Sherwood may inspect recyclable materials separated for recycling,
post-consumer waste intended for disposal, recycling collection sites
and facilities, collection vehicles, collection areas of multiple-family
dwellings and nonresidential facilities and properties, and any records
relating to recycling activities, which shall be kept confidential
when necessary to protect proprietary information. No person may refuse
access to any authorized officer, employee or authorized representative
of the Village-contracted waste and recycling disposal service, or
person or persons in charge of the recycling program for the Village
of Sherwood, who requests access for purposes of inspection and who
presents appropriate credentials. No person may obstruct, hamper,
or interfere with such an inspection.
B.
Any person who violates a provision of this article may be issued
a citation by the Village-contracted waste and recycling disposal
service or the person or persons in charge of recycling for the Village
of Sherwood to collect forfeitures. The issuance of a citation shall
not preclude proceeding under any other ordinance or law relating
to the same or any other matter. Proceeding under any other ordinance
or law relating to the same or any other matter shall not preclude
the issuance of a citation under this subsection.
[Adopted at time of adoption of Code (see Ch. 25, Construction
and Effect of Ordinances, Art. II)]
A.
The purpose of this article is to establish regulations for the disposal
of solid waste in the Village of Sherwood and to comply with mandatory
recycling legislation and implemented regulations enacted by the State
of Wisconsin, including Ch. 287, Wis. Stats., as may be amended from
time to time.
B.
In concurrence with this article, the Village of Sherwood has established
specific rules and guidelines regarding solid waste disposal in the
Village of Sherwood Solid Waste Collection Policy (policy).
C.
To the extent permitted by law, this article is intended to serve
as a municipal waste flow control ordinance in conjunction with program
activities of Calumet County and its solid waste management and the
State of Wisconsin. This article may be amended from time to time
as determined by the Village Board.
The following definitions shall apply:
All recyclable glass, plastic and tin/aluminum can waste
placed in clear plastic bags and paper and boxes placed in bags or
boxes or bundled.
The collection of solid waste and recyclable waste at the
curb, roadside or alley.
A multiple-family residential dwelling of five units or more
or any licensed mobile home park that has been approved by the Village
Board for an exemption from Village refuse hauling.
Waste which may pose a substantial hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
The collection of all commingled recyclable materials.
All garbage, rubbish, recyclable material, yard waste and
all other discarded or salvageable solid materials.
The Village of Sherwood and/or its designated agent.
Leaves, yard and garden debris, twigs, sticks, stumps, roots
or shrubs with intact root balls, including clean woody vegetative
material.
A.
The Village of Sherwood has established a policy as may be amended
from time to time. Said policy shall be made available by contacting
the Public Works Department or Village Clerk-Treasurer or visiting
the Village's website.
B.
If solid waste is not prepared according to the provisions of this
article and as outlined in the policy, the hauler shall place a violation
tag on these carts, and collection will occur on the resident's next
scheduled collection day once the condition is remedied and in compliance
with this article and the policy.
(1)
Commercial/industrial waste and construction/demolition waste. This
waste shall be collected by private contract of the owner in such
manner and frequency as needed to protect the public safety and welfare
of the Village of Sherwood, but not less than weekly.
(2)
Domestic waste. Domestic waste (garbage) shall be collected by the
current Village-contracted waste and recycling disposal company from
all residences on a weekly basis, provided that such waste is properly
handled, prepared, contained, stored and located in conformance with
this article and the policy.
(3)
Special pickup items. White goods with and without refrigerants,
furniture, automobile tires and other items shall be collected curbside
only after special arrangements have been made by the resident with
the Village refuse hauling contractor. Separate charges will apply.
(4)
Lead acid batteries. There shall be no collection and/or disposal
of lead acid batteries by the Village of Sherwood.
(5)
Recyclable waste. Recyclable waste shall be collected on a biweekly
basis on the same day that domestic waste is collected. Acceptable
recyclable waste is listed in the policy.
(6)
Yard waste.
(a)
Yard waste disposal shall be from all nonexempt residential
units in the Village of Sherwood and deposited at the Village yard
waste site at the corner of County M and Kesler Road.
(b)
The site is open on Saturdays only in April and November. Starting
May 1, the site is open three days a week: Tuesdays and Thursdays
from 2:00 p.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m.
(c)
This site is a collection point for grass clippings, leaves,
branches, and small amounts of sod. No branches greater than four
inches in diameter by four feet in length are accepted. No plastic
of any kind, including garbage bags, is accepted.
(d)
Any exempt unit or business which produces yard waste shall
be responsible for the proper disposal of the yard waste in conformity
with this article.
(e)
Disposal or dumping of yard waste on any public premises or
road right-of-way or upon any private lands not in compliance with
this article or the policy is hereby prohibited and subject to the
penalties of this article.
Backyard composting of yard wastes is encouraged. However, such
an activity must be operated to prevent a nuisance condition, unsightly
mess or an environmental or health hazard. General guidelines published
by the Wisconsin Department of Natural Resources shall be followed.
No dairy products, meat, fish, fat, oils, bones or animal wastes shall
be composted.
Christmas trees are accepted at the yard waste site the first
two weeks of January.
A.
Anti-scavenging. It shall be unlawful for any person other than authorized
Village employees or persons having written authorization by the Village
Administrator to go through, sort or take anything from any solid
waste or recyclables that have been set out in bags, cans, or other
approved containers for the purpose of being picked up by Village's
refuse/recycling hauler.
B.
Dumping. No person, firm or corporation owning land, leasing it or
having any interest therein whatsoever, which is located in the Village
of Sherwood, shall dump or allow to be dumped any solid waste material
(excluding animal waste used as a fertilizer) or waste liquids of
any kind on his/her property or on any property which is located in
the Village of Sherwood, unless express permission has been granted
by the owner in writing and when the dumping complies with all federal,
state and local restrictions.
C.
Littering prohibited. No person shall throw, place, distribute or
deposit any solid waste or yard waste in any street, alley, public
place, or private property within the limits of the Village of Sherwood,
Calumet County, Wisconsin, except in proper containers for disposal
and collection as described herein.
D.
Load limitations. No person shall operate a vehicle on a Village
road or other road in the Village of Sherwood unless such vehicle
is so constructed, loaded and covered or secured as to prevent its
contents from dropping, shifting, leaking or otherwise escaping.
E.
Nonresident refuse disposal. No person residing outside the Village
limits shall bring into the Village for disposal or collection any
solid waste, yard waste, waste oil, tires, large items or any banned
landfill materials.
F.
Nuisance. No person shall permit any solid waste, recyclable waste,
yard waste or other substance tending to create a nuisance to be thrown
out or distributed on or about their premises, including adjacent
property, streets, alleys, lakes or streams within the Village. When
it has been determined that a property owner's or resident's solid
waste or other substance becomes a nuisance to adjoining property
owners, including Village streets, by being scattered, the Village
Administrator shall require the owner of the facility to provide an
adequate enclosure, including fencing, to prevent solid waste or other
substances from being blown or scattered to adjoining properties and
the Village streets.
G.
Private dump site. No private dump site shall be allowed in the Village
of Sherwood.
A.
Multiple-family residential units of five units or more and licensed
mobile home parks may be exempted from the Village assessment for
refuse hauling service.
B.
For any multiple-family residential dwelling of five units or more
or any licensed mobile home park that is seeking to become exempt
from Village refuse hauling, the exemption from service must be applied
for on or before November 1 for the exemption to become applicable
for the following year. The granting of the exemption shall be done
solely by the Village Board and shall be at the discretion of the
Village Board.
(1)
A multiple-family dwelling of five units or more shall be considered
for exemption if it meets the following criteria:
(a)
There are five units or more contained within a single structure,
or a structure in which five units or more are permanently attached
to each other.
(b)
The person, partnership or corporation applying for the exemption
owns all of the units within the structure, or, in the alternative,
all of the owners of all of the units within the structure apply for
the exemption as a single entity.
(2)
Mobile homes located in mobile home parks licensed by the Village
may be considered for exemption if they meet the following criteria:
C.
The Village of Sherwood Board reserves the right to revoke the exemption
when, in its discretion, a person or persons being granted the exemption
have failed to properly manage and supervise the proper collection
of refuse from the exempt unit, or for any other reason the Village
Board deems appropriate.
D.
Any and all exempt units shall continue to be exempt each year, unless
revoked by the Village Board, and these exempt units shall not be
required to reapply for exemption each year.
E.
All units which are exempt from solid waste and recycling collection
and disposal must comply with the regulations set forth in this article.
Exempt units must contract independently for the collection and disposal
of their solid waste, recyclables, yard waste and other waste.
A.
The charges for refuse collection shall be determined annually on
a per-dwelling-unit basis by the Village Board of Trustees based on
anticipated costs and revenues for the following year.
B.
Payment for the regular collection of solid waste shall be placed
on each year's tax roll.
C.
Newly constructed dwelling units or any new residential customers
of solid waste collection services shall be invoiced on a prorated
basis using the per-dwelling-unit fee for the balance of the calendar
year for which service is to be rendered after which the provisions
stated above shall apply.
D.
The service start date will be the date a certificate of occupancy
is issued by the Building Inspector.
A.
Any person who violates a provision of this article will be issued
a citation by the Village of Sherwood Administrator. The issuance
of a citation shall not preclude proceeding under any other ordinance
or law relating to the same incident. Proceeding under any other ordinance
or law relating to the same incident shall not preclude the issuance
of a citation under this subsection.
