Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Waterford, WI
Racine County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (12) Index
Public Documents
Minutes (1126)
[Adopted 11-28-1994 by Ord. No. 310 (§ 11.09 of the 1998 Code)]
This article is adopted as authorized under Wis. Stats. § 287.09(3)(b).
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 term or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this article is required by Wisconsin Statutes, or by a standard in Wis. Admin. Code ch. NR 544, and where the article provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and NR 544 standards in effect on November 28, 1994, 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 Village limits of Waterford.
[Amended 1-23-2006 by Ord. No. 489]
The provisions of this article shall be administered by the Department of Public Works of the Village of Waterford and the Village Administrator.
[Amended 12-14-2009 by Ord. No. 546]
The provisions of this article shall take effect on January 1, 1995, and revisions hereto shall be effective upon the effective date of the amending ordinance.
For purposes of this article, the following terms shall have the meanings indicated:
BI-METAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
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 the 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.
LDPE
Low-density polyethylene, labeled by the SPI code #4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.
MULTIPLE-FAMILY DWELLING
A property which contains five or more residential units, including those that are occupied seasonally. (Note: Condominiums, regardless of the number of dwelling units, are considered residential properties under Article I, and collection from these condominium properties is provided and regulated the same as single-family and two- to four-unit residences. The language in this Article II is adopted to conform to the requirements of Wis. Admin. Code § NR 544.06, which does not distinguish between condominiums and commercial apartments containing five or more residential units. For residential condominiums with five or more dwelling units, the requirements set forth in § 186-21 are satisfied through the Village's recycling program and regular notice of the program to its residents.)
[Amended 1-23-2006 by Ord. No. 489; 8-22-2016 by Ord. No. 638]
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printouts are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI code #7.
PERSON
Includes any individual, corporation, limited-liability company, partnership, association, local governmental unit, as defined in Wis. Stat. § 66.0131(1)(a), state agency or authority or federal agency.[1]
PETE
Polyethylene terephthalate, labeled by the SPI code #1.
PLASTIC CONTAINER
A rigid plastic container, including those made of PETE (#1), HDPE (#2), PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7).[2]
POSTCONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in Wis. Stat. § 291.01(7), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Wis. Stat. § 289.01(17).
PP
Polypropylene, labeled by the SPI code #5.
PS
Polystyrene, labeled by the SPI code #6.
PVC
Polyvinyl chloride, labeled by the SPI code #3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bi-metal containers.[3]
SOLID WASTE
The meaning specified in Wis. Stat. § 289.01(33).[4]
SOLID WASTE FACILITY
The meaning specified in Wis. Stat. § 289.01(35).
SOLID WASTE TREATMENT
The meaning specified in Wis. Stat. § 289.01(39).[5]
TREATMENT
Includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer waste:
A. 
Lead acid batteries;
B. 
Major appliances;
C. 
Waste oil;
D. 
Yard waste;
E. 
Aluminum containers;
F. 
Bi-metal containers;
G. 
Corrugated paper or other container board;
H. 
Foam polystyrene packaging;
I. 
Glass containers;
J. 
Magazines;
K. 
Newspaper;
L. 
Office paper;
M. 
Plastic containers;
N. 
Steel containers; and
O. 
Waste tires.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The separation requirements of § 186-16 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 postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 186-16 from solid waste in as pure a form as is technically feasible.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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.
C. 
A recyclable material specified in § 186-16E through O for which a variance has been granted by the Department of Natural Resources under Wis. Stat. § 287.11(2m) or Wis. Admin. Code ch. NR 544.14.
To the greatest extent practicable, the recyclable materials separated in accordance with § 186-16 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.
[Amended 1-23-2006 by Ord. No. 489; 12-14-2009 by Ord. No. 546]
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, waste oil and yard waste as follows:
A. 
Lead acid batteries shall be disposed of by the resident/occupant to a private contractor. A list of resources is available at the Village Hall.
B. 
Major appliances shall be disposed of by the resident/occupant to a private contractor. A list of resources is available at the Village Hall.
C. 
Waste oil shall be disposed of by the resident/occupant to a private contractor. A list of resources is available at the Village Hall.
D. 
Yard waste generated by single-family and two-to-four-family residences shall be disposed of by the resident/occupant at the Department of Public Works Building in the Village of Waterford, or to a private contractor of the property owner's choosing. A fee for an annual permit to allow the disposal of yard waste from such units may be charged in an amount set by the Village Board. Yard waste generated by multiple-family dwellings and nonresidential facilities and properties, including mixed-use properties, shall be disposed of by the property owner to a private contractor of the property owner's choosing.
[Added 12-14-2009 by Ord. No. 546]
A. 
Occupants and tenants of single-family and two-to-four-unit residences shall prepare and provide for collection of recyclable materials as specified in § 186-20.
B. 
The owners of multiple-family dwellings shall be responsible for the collection and disposal of recyclable materials and shall proceed as set forth in § 186-21.
C. 
The owners of nonresidential facilities and properties, including mixed use properties, shall be responsible for the collection and disposal of recyclable materials and shall proceed as set forth in § 186-23.
[Amended 1-23-2006 by Ord. No. 489; 12-14-2009 by Ord. No. 546]
Except as otherwise directed by the Village of Waterford, occupants of single-family and two-to-four-unit residences shall prepare for the collection of the separated materials specified in § 186-16E through O as set forth. Recycling containers specified shall be placed for collection as set forth in § 186-7B.
A. 
Aluminum containers shall be rinsed free of product residue and placed in recycling containers. The recycling containers shall be collected curbside.
B. 
Bimetal containers shall be rinsed free of product residue and placed in recycling containers. The recycling containers shall be collected curbside.
C. 
Corrugated paper or other container board shall be free of debris, flattened, and placed in recycling containers. The recycling containers shall be collected curbside.
D. 
Foam polystyrene packaging shall be free of residue and placed in recycling containers for collection curbside, or according to the then-current DNR regulations.
E. 
Glass containers shall be rinsed free of product residue, and lids shall be removed and discarded. The glass containers shall be placed in recycling containers. The recycling containers shall be collected curbside.
F. 
Magazines shall be free of debris and placed in recycling containers. The recycling containers shall be collected curbside.
G. 
Newspaper shall be free of debris and placed in recycling containers. The recycling containers shall be collected curbside.
H. 
Office paper shall be free of debris and placed in recycling containers. The recycling containers shall be collected curbside.
I. 
Rigid plastic containers shall be prepared and collected as follows:
(1) 
Containers made of PETE and HDPE (including milk jugs and detergent bottles) shall be rinsed free of product residue; caps removed and discarded, and placed in recycling containers to be collected curbside.
(2) 
Containers made of PVC, LDPE, PP, PS, or other resins or multiple resins shall be rinsed free of product residue, and placed in recycling containers to be collected curbside.
J. 
Steel containers shall be rinsed free of product residue and placed in recycling containers. The recycling containers shall be collected curbside.
K. 
Waste tires shall be disposed of by the resident/occupant to a private contractor. A list of resources is available at the Village Hall.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 186-16E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(4) 
Notify tenants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operations, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer 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 § 186-16E through O from solid waste in as pure a form as is technically feasible.
[1]
Editor's Note: Former § 186-22, Special provision for owners of multiple-family dwellings, was repealed 12-14-2009 by Ord. No. 546.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 186-16E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
(4) 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operations, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer 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 § 186-16E through O 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 § 186-16E through O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Village of Waterford may inspect recyclable materials separated for recycling, postconsumer 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 of Waterford who requests access for the purpose 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 of Waterford 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.
C. 
Penalties for violating this article may be assessed as follows:
[Amended 1-23-2006 by Ord. No. 489]
(1) 
Any person who disposes of in a solid waste disposal facility or burns in a solid waste treatment facility any of the materials specified in § 186-16A through D in violation of this chapter may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for third or subsequent violations.
(2) 
Any person who violates any provision of this article [except as specified in Subsection C(1)] may be required to forfeit not less than $10 nor more than $1,000 for each violation.