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:
AGRICULTURAL ESTABLISHMENT
An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
BULKY WASTE
Items whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
COMMERCIAL UNIT
All property other than residential units and shall include boardinghouses, motels and resorts.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
CURB
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.
DEMOLITION WASTES
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.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DUMP
A land site where solid waste is disposed of in a manner that does not protect the environment.
DWELLING UNIT
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.
FOAM POLYSTYRENE PACKING
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.
GARBAGE
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.
HAZARDOUS WASTE
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.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
INDUSTRIAL WASTE
Waste material, except garbage, rubbish and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
LITTER
Solid waste scattered about in a careless manner, usually rubbish.
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, 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.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
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.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial or institutional activities or a building or group of buildings consisting of four or more dwelling units.
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
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.
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.
PRIVATE COLLECTION SERVICES
Collection services provided by a person licensed to do same by the DNR.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 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; 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.
RECYCLABLE WASTE
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.).
REFUSE
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.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNIT
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.
RUBBISH
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.
SCAVENGING
The uncontrolled removal of materials at any point in solid waste management.
SOLID WASTE
The meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
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.
STORAGE
The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
STORAGE AREAS
Areas where persons place containers during noncollection days as well as areas where containers are set out on collection day.
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.
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:
(1) 
Hazardous waste.
(2) 
Toxic waste.
(3) 
Chemicals.
(4) 
Explosives or ammunition.
(5) 
Drain or waste oil or flammable liquids.
(6) 
Large quantities of paint.
(7) 
Recyclables as defined by Wisconsin Statutes.
(8) 
Trees and stumps.
(9) 
Construction debris.
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.
(1) 
Haulers may not dispose in a landfill or burn in a solid waste facility any recyclable materials generated in the Village of Stratford that have been separated for recycling.
(2) 
Haulers shall maintain materials in marketable condition during transport to the processing facility.
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.