This chapter shall be known as the "Solid Waste Management Ordinance
of the Village of Stratford," hereinafter referred to "this chapter."
This chapter is adopted as authorized under § 287.09,
Wis. Stats.
It is hereby declared to be the purpose and intent of this chapter
to enhance and improve the environment and promote the health, safety
and welfare of the Village by establishing minimum standards for the
storage, collection, transport, processing, separation, recovery and
disposal of solid waste.
The requirements of this chapter apply to all persons within
the Village of Stratford.
It is not intended by this chapter 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 chapter imposes greater restrictions, the provisions
of this chapter shall apply.
For the purpose of this chapter, the following words and phrases
shall have the meanings given herein unless different meanings are
clearly indicated by the context:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods.
All property other than residential units and shall include
boardinghouses, motels and resorts.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
The back edge or curb and gutter along a paved street or
where one would be if the street was paved and had curb and gutter.
That portion of solid wastes consisting of wastes from the
repair, remodeling or reconstruction of buildings, such as lumber,
roofing and sheathing scraps, rubble, broken concrete, asphalt and
plaster, conduit, pipe, wire, insulation and any other materials resulting
from the demolition of buildings and improvements.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
A place of habitation occupied by a normal single-family
unit or a combination of persons who may be considered as equivalent
to a single-family unit for the purpose of this chapter.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
Includes every refuse accumulation of animals, fruit or vegetable
matter, liquid or otherwise, that attends the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit or vegetables originally
used for foodstuffs.
Those wastes such as toxic, radioactive or pathogenic substances
which require special handling to avoid illness or injury to persons
or damage to property and the environment.
High-density polyethylene, labeled by the SPI Code No. 2.
Waste material, except garbage, rubbish and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Low-density polyethylene, labeled by the SPI Code No. 4.
Solid waste scattered about in a careless manner, usually
rubbish.
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, residential and commercial furnaces, boilers, dehumidifiers
and water heaters. Microwaves may now be disposed of in a landfill
after the capacitor has been removed.
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.
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of four or more dwelling units.
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.
Plastic resins labeled by the SPI Code No. 7.
Includes any individual, firm, corporation, partnership,
association, local governmental unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency, and includes
the plural as well as the singular.
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.
Collection services provided by a person licensed to do same
by the DNR.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
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; 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.
Waste material that can be remanufactured into usable products
and shall include, by way of enumeration but not by way of limitation,
glass, plastics, newspapers, cardboard, and metals (aluminum, steel,
tin, brass, etc.).
Includes all waste material, including garbage, rubbish and
industrial waste, and shall, by way of enumeration but not by way
of limitation, include grass, leaves, sticks, tree branches and logs,
stumps, stone, cement, boards, furniture or household appliances,
and garden debris.
All solid waste that normally originates in a residential
environment from residential dwelling units.
An individual household capable of independent habitation
by a family unit. A single-family dwelling shall be considered to
be one residential unit; a multifamily dwelling shall be considered
to be multiple residential units, the number of residential units
to equal the number of family units to be housed therein. Residential
units shall not include boardinghouses, motels or resorts.
Includes combustible and noncombustible waste material, except
rocks, concrete, bricks and similar solid materials, plaster or dirt,
that is incidental to the operation of a building and shall include,
by way of enumeration but not by way of limitation, tin cans, bottles,
rags, paper, cardboard, and sweepings.
The uncontrolled removal of materials at any point in solid
waste management.
The meaning specified in § 289.01(33), Wis. Stats.
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.
The interim containment of solid waste in an approved manner
after generation and prior to collection and ultimate disposal.
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection day.
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.
A.
Residential units; mandatory use of Village service.
(1)
The
Village shall contract with private firms to provide for collection
of residential refuse and recyclables of residents of the Village.
(2)
Use
of the Village collection services shall be mandatory for all occupants
or persons in possession, charge or control of such residences, except
that separate provision shall be made by such owner, occupant or person
in possession, charge or control of places of construction or remodeling
for disposal of building material refuse.
(3)
Except
for disposal of building materials and building material refuse, it
shall be unlawful for any person other than an authorized agent or
employee of the Village to collect, remove or dispose of garbage from
residences in the Village of Stratford; provided, however, that nothing
in this section shall prevent use of garbage disposal devices.
B.
Commercial units. Licensed garbage collection and disposal service
shall be mandatory for all occupants or persons in possession, charge,
or control of places and premises in the Village of Stratford, other
than residences, in or from which garbage is created, accumulated
or produced.
C.
Yard waste.
The Village shall make provisions for disposal of brush, leaves, grass,
branches, vegetation and other organic material.
Storage areas shall be kept in a nuisance- and odor-free condition.
Collection crews will not be responsible for cleaning up loose materials
from any containers which have become ruptured or broken due to wet
conditions, animals, vandalism or other cause. The occupant and/or
owner shall be responsible for cleaning up this litter. Litter not
collected shall not be allowed to accumulate. Violation will result
in the occupant and/or owner being notified to clean up his area,
with continued violation resulting in the owner being prosecuted under
the provisions of this chapter and other Village ordinances.
A.
General container standards. Suitable containers of a type approved
or provided by the Village shall be used to store all solid waste
and recyclables, except for bulky or certain yard wastes as provided
for herein. They shall be maintained in a nuisance- and odor-free
condition and shall be sufficient to prevent the scattering of contents
by weather conditions or animals.
B.
Householder to provide containers. It shall be the duty of every
occupant, tenant and proprietor of any residential unit to provide,
and at all times keep in a suitable place readily accessible to the
garbage collector, garbage containers capable of holding all garbage
which would ordinarily accumulate on such premises between the times
of successive collections. The owner of any multiple dwelling shall
furnish or require the tenant thereof to furnish proper garbage containers.
Garbage containers located at a multiple dwelling may be marked so
as to indicate the residential unit to which they belong.
A.
Placement for collection.
(1)
Residential solid waste shall be accessible to collection crews.
Residential solid waste in approved containers shall be placed immediately
behind the curb of the public street for collection. During winter
months, solid waste shall not be placed on top of the snow bank, nor
shall it be placed in the roadway. The owner shall either shovel out
an area behind the curb in which to place his waste or he shall place
it in his driveway. Collection crews will not collect residential
solid waste unless it is placed at the curb or adjacent to a street
or alley roadway. Residential units shall bring their solid waste
to the public right-of-way for collection. Should collection crews
be unable to discharge contents of garbage carts into collection vehicles
using normal handling procedures, the carts, including contents, will
be left at curbside. The owner shall make provisions to assure that
the solid waste therein can be collected on the next collection day.
Collection crews will not empty garbage carts by means other than
dumping.
(2)
No garbage containers or other containers for refuse other than those
of the Village shall be placed, kept, stored or located within the
right-of-way of a street or alley; provided, however, that the Village
Board may authorize the location of such containers within the public
right-of-way at specified places and times when such location is necessary
for the expeditious collection and disposition of refuse.
B.
Restriction on time of placement. All receptacles and containers for refuse and rubbish and all bundles of rubbish shall be placed in collection locations as designated in Subsection A above only after 6:00 p.m. on the evening prior to the regular collection time the following day. All receptacles, bags and containers for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time.
C.
Collection
schedule. The municipality shall establish the time of collection
of solid waste and recyclables, and the Clerk shall provide written
notice of the collection schedule at least annually and at any time
when the collection schedule is changed.
A.
Dead animals. It shall be unlawful to place any dead animal, or parts
thereof, in a container for collection; provided, however, that this
section shall not apply to animal parts from food preparation for
human consumption.
B.
Undrained food wastes. It shall be unlawful to place any garbage
or other food waste in a container for collection unless it is first
drained and wrapped.
C.
Ashes. It shall be unlawful to place hot ashes for collection.
D.
Improper placement. It shall be unlawful to place, or allow to be
placed, any solid waste upon the roads, streets, or public or private
property within the Village contrary to the provisions of this chapter.
No person shall place for collection any garbage at the curb not owned
or occupied by such person.
E.
Compliance with chapter. It shall be unlawful to store, collect,
transport, transfer, recover, incinerate or dispose of any solid waste
within the boundaries of the Village contrary to the provisions of
this chapter.
F.
Improper transportation. It shall be unlawful to transport any solid
waste in any vehicle which permits the contents to blow, sift, leak
or fall therefrom. If spillage does occur, the collection crew shall
immediately return spilled materials to the collection vehicles and
shall properly clean, or have cleaned, the area. All vehicles used
for the collection and transportation of solid waste shall be durable,
easily cleanable and leakproof, if necessary, considering the type
of waste and its moisture content. Collection vehicles shall be cleaned
frequently to prevent nuisances and insect breeding and shall be maintained
in good repair.
G.
Interference with authorized collector. No person other than an authorized
collector shall collect or interfere with any garbage after it shall
have been put into a garbage receptacle and deposited in the proper
place for the collector, nor shall any person molest, hinder, delay
or in any manner interfere with an authorized garbage collector in
the discharge of his duties.
H.
Scavenging; unlawful removal of recyclables. It shall be unlawful
for any person to scavenge any solid waste placed for collection.
It shall be unlawful for any person, unless under contract with or
licensed by the municipality, to collect or remove any recyclable
material that has been deposited or placed at the curb or in a container
adjacent to a home or nonresidential building for the purposes of
collection for recycling.
I.
Private dumps and dumping.
(1)
It
shall be unlawful for any person to use or operate a dump.
(2)
It
shall be unlawful for any person to dispose of or dump garbage in
any street, alley or other public place within the Village of Stratford
or in any receptacles or private property without the owner's
consent unless it is placed in bags or containers in the manner and
at the times specified by this chapter.
J.
Noncollectable materials. It shall be unlawful for any person to
place for collection any of the following wastes:
K.
Hospital wastes. It shall be unlawful for any person to place for
collection any pathogenic hospital wastes, including needles and syringes.
L.
Building waste. All waste resulting from remodeling, construction
or removal of a building, roadway or sidewalk shall be disposed of
by the owner, builder or contractor.
M.
Commercial refuse. The Village does not provide collection services
for nonresidential refuse.
It shall be unlawful for any person to burn solid waste in any manner, except as provided elsewhere in this Code. It shall be unlawful to burn solid waste and recyclables by residential and nonresidential sectors and at construction sites. Open burning shall be permitted only of clean wood and paper products. See § 290-9, Open burning, of this Code.
A.
Hauler restrictions.
B.
Right to reject materials. The hauler has the right to reject or
leave at the curb any recyclable material that is not prepared according
to the specifications provided by the contractor or Village to the
service recipients. Materials may also be left if not separated from
solid waste, placed in the proper container, or not designated recyclable
materials for collection. The hauler also has the right to refuse
to pick up any solid waste if it contains recyclable containers and
material. In such cases, the hauler shall notify the generator of
the materials about the reasons for rejecting the items either in
writing or verbally.
C.
Hauler licensing. Haulers who collect solid waste or recyclables
in the Village of Stratford for storage, treatment, processing, marketing
or disposal shall obtain and maintain all necessary municipal and
state permits, licenses and approvals prior to collecting any materials
in the Village of Stratford.
D.
Reporting requirements. The recycling haulers and processors operating
in the Village of Stratford are required to maintain records and report
to the Village Clerk as necessary to fulfill the DNR reporting requirements.
Reports shall include the amount of solid waste and recyclables collected
and transported from the Village of Stratford, the amount of solid
waste and recyclables processed and/or marketed by item type from
the Village of Stratford, and the final disposal location of solid
waste and recyclable material. Failure to report shall be cause for
the municipality to revoke any license or sever any contract with
the hauler/processor.
Recyclable materials and refuse, upon placement at the curb,
shall become the property of the hauler or municipality. Recyclable
materials, upon collection by any permitted collector, shall become
the property of the contractor.
It is unlawful for any person, firm or corporation to place,
deposit or cause to be deposited, for collection, any waste or refuse
not generated within the corporate limits of the Village of Stratford.
It shall be unlawful to bring refuse or recyclables for disposal from
outside the corporate limits into the Village of Stratford unless
authorized by agreement with the municipality.
The Village of Stratford reserves the right to designate additional
solid waste materials as recyclable or currently collected materials
as no longer recyclable in accordance with state law and to either
add or delete them from any collection services provided by the municipality
or its contractors. The Village Board shall provide written notice
to its service recipients of this declaration.
A.
The municipality
shall determine costs for regular and special solid waste and recycling
collection and establish user fees for service recipients to cover
those costs. Fees shall be assessed on a per-unit or per-household
basis and be charged as a line item on taxes on a yearly basis pursuant
to § 66.0627, Wis. Stats.
B.
Excess
solid waste may be disposed of through purchase of designated stickers
for extra bags. Specified stickers can be purchased at the Village
Clerk's office for a fee to be set by the Village Board.
The provisions of this chapter shall be administered by the
Village Clerk, the Director of Public Works, the Solid Waste Committee
and the Village Board.
A.
The Solid
Waste Committee shall consist of one member from each of the following
committees: Public Safety, Public Works and Finance.
B.
The Solid
Waste Committee shall meet during negotiations for hauler contracts
and otherwise as necessary to:
(1)
Review
state and county laws and recommend policies and ordinances relating
to mandatory recycling.
(2)
Work
with area municipalities and Marathon County to coordinate recycling
efforts.
(3)
Develop
methods of enforcement for mandatory recycling.
(4)
Be
responsible for administration in all matters as they concern solid
waste, including but not limited to waste, garbage, refuse, recycling,
compost and brush.
(5)
Consider
any other matters referred to this Committee by the Village Board.
