Village of Theresa, WI Chapter 297 Solid Waste

[HISTORY: Adopted by the Village Board of the Village of Theresa as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds — See Ch. 127.

Hazardous materials — See Ch. 189.

Health and sanitation — See Ch. 194.

Nuisances — See Ch. 233.

Property maintenance — See Ch. 260.

Abandoned vehicles — See Ch. 334.

Article I Recycling

[Adopted 6-3-1996 as Title 8, Ch. 3 of the 1996 Code; amended in its entirety 3-20-2023 by Ord. No. 2023-01]

§ 297-1 General provisions.

A. Title. The title of this article is the "Recycling Ordinance for the Village of Theresa."

B. Purpose. 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.

C. Statutory authority. This article is adopted as authorized under § 287.09, Wis. Stats.

D. Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, annual, 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.

E. Interpretation. 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 Wisconsin Statutes. Where any terms 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 Ch. NR 544, Wis. Adm. Code, and where the provision in this article 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.

F. Applicability. The requirements of this article apply to all persons within the Village of Theresa.

G. Administration. The provisions of this article shall be administered by Village of Theresa Village Board and its designees.

§ 297-2 Definitions.

The following definitions shall be applicable in this article:

BIMETAL 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 No. 2.

LDPE

Low-density polyethylene, labeled by the SPI Code No. 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, refrigerator or stove.

MULTIPLE-FAMILY DWELLING

A property containing five or more residential units, including those which are occupied seasonally.

NEWSPAPER

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 printout 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 No. 7.

PERSON

Any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.

PETE

Polyethylene terephthalate, labeled by the SPI Code No. 1.

PLASTIC CONTAINER

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.

POSTCONSUMER WASTE

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.

PP

Polypropylene, labeled by the SPI Code No. 5.

PS

Polystyrene, labeled by the SPI Code No. 6.

PVC

Polyvinyl chloride, labeled by the SPI Code No. 3.

RECYCLABLE MATERIALS

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; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bimetal containers.

SOLID WASTE

Has the meaning specified in § 281.01(15), Wis. Stats.

SOLID WASTE FACILITY

Has the meaning specified in § 289.01(35), Wis. Stats.

SOLID WASTE TREATMENT

Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "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.

§ 297-3 Collection of garbage, refuse, solid waste and recyclables.

A. Collection.

(1) Collection, removal and disposal of garbage, refuse, solid waste and recyclables for one to four family units, business, industrial and commercial units and Village-owned properties and parks shall be performed per the specifications and terms set forth in the current contract. One curbside garbage collection shall be performed each week; one curbside recycling collection shall be performed on a biweekly basis.

(2) Residential, business, industrial, commercial, public authority and multiple-family garbage, refuse, solid waste and recyclables shall be placed in an approved waste and recycling container; size of containers to be determined by specifications and terms of current contract.

(a) One waste and one recycling container will be provided to each residential dwelling unit.

(b) Multiple-family dwellings comprised of one to four units may receive up to one waste and one recycling container per dwelling unit.

(c) Each business, industrial, commercial and public authority unit may receive up to one waste and one recycling container.

(d) The collection of garbage, refuse, solid waste and recyclables from apartments or condominiums consisting of more than four dwelling units per building will be allowable.

B. Collection placement.

(1) Residential, business, industrial, commercial and multiple-family garbage, refuse, solid waste and recyclables shall be placed in an approved waste and recycling container and placed at the curb, street-side or in the driveway for collection.

(2) Collection crews will not collect waste or recyclables unless they are placed in an approved waste and recycling container and located in the proper pickup location. If collection crew is unable to discharge the contents of container using normal handling procedures, the container, including contents thereof, will be left curbside. Collection crews will not collect waste and recyclables by any other means other than as stipulated in the current contract.

C. Placement of dumpster(s) for multiple-family, business, commercial, industrial and public authority customers.

(1) Dumpster(s) are not for use by, and shall not be placed on, any single-family residential dwelling property for the collection of garbage, refuse, trash, solid waste or recyclables.

(2) Dumpster(s) shall clearly display the company or contractor name, address and phone number.

(3) Dumpster(s) shall have sufficient pickups as to prevent overflow or nuisance conditions, including but not limited to odors, insect, rodent or animal problems.

(4) User shall maintain the area surrounding the dumpster in a clean, odor-free, and litter-free condition.

(5) No dumpster may be placed in such a way as to block a private or public right-of-way, sidewalk or driveway.

(6) Dumpster(s) shall be placed within an enclosure

D. Placement restrictions.

(1) Waste and recycling containers shall be placed at least 12 inches apart on the veranda, driveway approach, or, when practical, at the edge of the street providing they do not impede traffic. Waste containers, recycling containers and dumpsters shall not be placed on top of snow banks.

(2) No waste or recycling containers shall be placed at the curb for collection sooner than 24 hours before the regular collection time.

(3) All waste and recycling containers shall be removed from the curb within 24 hours after regular collection time.

(4) Collection crews shall not enter any structures to remove waste or recycling containers.

E. Garbage and recycling collection regulated.

(1) No person shall transport to the Village any garbage, refuse, trash, solid waste, or recyclables that were generated outside the Village municipal limits for the purpose of depositing the same in or upon any public or private property located within the Village limits.

(2) Burning barrels and/or burning of garbage, refuse, solid waste, recyclables, furniture and yard waste within the Village limits is prohibited; reference Chapter 172 of the Village Code of Ordinances, Fire Protection - § 172-8B(5) and (7).

F. Collection fee.

(1) The fees for garbage, refuse, solid waste and recycling collection shall be in accordance with the specifications and terms set forth by the current contract between the Village of Theresa and contracted collector.

(2) Contract costs, per unit, shall be placed on the Village of Theresa Sewer and Water quarterly utility bill.

(3) The Village Board is hereby granted the authority to establish and amend, from time to time, the fees in a sufficient amount to cover the costs to the approved waste and recycling collection contractor and per specifications and terms set forth by the current contract. Fees shall be assessed for collection and disposal of solid waste and recyclable materials as follows:

(a) Occupants of a single-family and two-to-four-multiple-family units shall be charged a standard Village collection fee per dwelling unit.

(b) Business, industrial, commercial and public authority customers/units may receive up to one waste and one recycling container and will be charged a standard fee; owners have the option to make their own arrangements for an alternative form of waste and recycling collection; standard Village collection fee(s) would be waived.

(c) Business, industrial, commercial and public authority customers/units needing more than one waste and one recycling container shall make their own arrangements for an alternative form of waste and recycling collection; standard Village collection fee(s) will be waived.

(d) Waste and recycling collection for apartments, condominiums, or any other multiple-family dwellings consisting of more than four units per building can make their own arrangements for an alternative form of waste and recycling collection; standard Village collection fee(s) will be waived.

§ 297-4 Separation of recyclable materials.

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. Bimetal containers.

G. Corrugated paper or other container board.

H. Foam polystyrene packaging.

I. Glass containers.

J. Magazines.

K. Newspapers.

L. Office paper.

M. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.

N. Steel containers.

O. Waste tires.

§ 297-5 Exceptions.

The separation requirements of § 297-4 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 § 297-4 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.

C. A recyclable material specified in § 297-4E through O for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.

§ 297-6 Care of separated materials.

To the greatest extent practicable, the recyclable materials separated in accordance with § 297-4 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.

§ 297-7 Lead acid batteries, major appliances, waste oil and yard waste.

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. (Reserved)

B. Major appliances, tires and electronics are not collected during bulk pickup, and the property owner needs to make arrangements to have these items disposed of.

C. Clean waste oil can be taken to a location as set forth by the Village.

D. Yard waste shall be disposed as set forth by the Village.

§ 297-8 Preparation and collection of recyclable materials.

Except as otherwise directed by the Village Board of Theresa, 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 § 297-4E through O:

A. Aluminum containers shall be clean and placed in the provided collection container and placed at the curb on the regular waste pickup day.

B. Bimetal containers shall be clean and placed in the provided collection container and placed at the curb on the regular waste pickup day.

C. Corrugated paper or other container board shall be tied in bundles in three-by-three-foot size pieces and placed at curb on the regular waste pickup day.

D. Foam polystyrene packaging shall be placed with regular waste.

E. Glass containers shall be clean and placed in the provided collection container and placed at the curb on the regular waste pickup day.

F. Magazines shall be bundled and placed in the provided collection container and placed at the curb on the regular waste pickup day.

G. Newspaper shall be bundled and placed in the provided collection container and placed at the curb on the regular waste pickup day.

H. Office paper shall be bundled and placed in the provided collection container and placed at the curb on the regular waste pickup day.

I. Rigid plastic containers shall be prepared and collected as follows:

(1) Plastic containers made of PETE, including No. 1 plastic, shall be clean and placed in the provided collection container and placed at the curb on the regular waste pickup day.

(2) Plastic containers made of HDPE, including No. 2 plastic, shall be clean and placed in the provided collection container and placed at the curb on the regular waste pickup day.

(3) Plastic containers made of PVC, including No. 3 plastic, shall be placed with regular waste.

(4) Plastic containers made of LDPE, including No. 4 plastic, shall be placed with regular waste.

(5) Plastic containers made of PP, including No. 5 plastic, shall be placed with regular waste.

(6) Plastic containers made of PS, including No. 6 plastic, shall be placed with regular waste.

(7) Plastic containers made of other resins or multiple resins, including all other plastics, shall be placed with regular waste.

J. Steel containers shall be clean and placed at curb at scheduled bulk waste pickup days.

K. Paint cans or containers of other chemicals cannot be disposed of in liquid state; they must be solid, then can be put in the trash cart for regular scheduled waste pickup days.

L. Televisions and microwaves will not be disposed of by the solid waste facility and should not be included with bulk pickup items.

§ 297-9 Multiple-family dwellings.

A. Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 297-4E 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 semiannually 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 solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, 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 designate agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 297-4E through O from solid waste in as pure a form as is technically feasible.

§ 297-10 Nonresidential facilities and properties.

A. Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 297-4E through O:

(1) Provide adequate, separate containers for the recyclable materials.

(2) Notify in writing, at least semiannually, 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 the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, 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 designate agents of nonresidential facilities if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 297-4E through O from solid waste in as pure a form as is technically feasible.

§ 297-11 Prohibition on disposal or burning of materials.

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 § 297-4E through O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

§ 297-12 Enforcement; violations and penalties.

A. For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Village of Theresa 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 Theresa who requests access for 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 Theresa 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. Any person who violates this article may be assessed a penalty per Chapter 1, § 1-5 of this Code.