[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 8, Ch. 3, and Sec. 8-1-3 of the 1994 Code. Amendments
noted where applicable.]
A.
Title. This chapter shall be known as the "Solid Waste Management
Ordinance of the Village of Belleville," hereinafter referred to as
"this chapter."
B.
Declaration of policy. The Village of Belleville finds that reusable
materials are currently being needlessly landfilled. It is the purpose
of this chapter to require mandatory recycling of recyclable items
and to protect and promote the health, safety and general welfare
of the people of the Village of Belleville.
C.
Effective date. This chapter shall originally become effective on July 1, 1990, except for § 505-5B and C, which shall become effective when the collector is able to provide the necessary containers referred to in those sections. Until that time, occupants of multifamily dwellings and other entities referred to in those subsections shall adhere to the general rules of § 505-5A.
D.
Statutory authority. This chapter is adopted as authorized under
§ 287.09(3)(b), Wis. Stats.
E.
Interpretation. In their interpretation and application, the provisions
of this chapter 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 chapter
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this chapter is
required by Wisconsin Statutes, or by a standard in Ch. NR 544, Wis.
Adm. Code, and where the chapter provision is unclear, the provision
shall be interpreted in light of the Wisconsin Statutes and the Chapter
NR 544 standards in effect on the date of the adoption of this chapter
or in effect on the date of the most recent text amendment to this
chapter.
F.
Applicability. The requirements of this chapter apply to all persons
within the boundaries of the Village of Belleville.
G.
Administration. The provisions of this chapter shall be administered
by the Village Board of the Village of Belleville.
A.
The purpose of this chapter shall be to maintain and protect public
health and sanitation by removal of garbage, rubbish, and other waste
material generated in the Village of Belleville, to eliminate dispersal
of garbage, waste, and other waste material along the streets, roads,
and other public and private properties in and near the Village of
Belleville, and to provide a comprehensive Village recycling program.
The Village of Belleville finds participation in a mandatory source
separation recycling program appropriate in this jurisdiction to conserve
available local landfill capacity. The Village further finds it appropriate
to participate in both county-wide and state-wide recycling programs
to conserve energy, recycle valuable resources and to protect public
health, welfare and the environment. It is the purpose of this chapter
to promote recycling, composting, and resource recovery through the
administration of a mandatory recycling program, as provided in § 287.11,
Wis. Stats., and Ch. NR 544, Wis. Adm. Code, by the Village of Belleville
in order to protect and promote the public health, safety and welfare.
The Village also finds participation in these programs appropriate
to achieve consistency with county-wide recycling policies to ensure
that the waste generated in the Village will be able to be delivered
to the county-owned landfills and to the county-owned material recycling
facilities.
B.
The Village Board further finds and ordains that:
(1)
Improper disposal of household sharp medical waste, such as hypodermic
needles, poses a significant health risk to workers in the waste disposal
industry;
(2)
Safe disposal of household sharp medical waste is possible through
inexpensive, easily obtained means, without posing an undue burden
on users of household sharp medical waste; and
(3)
Removal of household sharp medical waste from the Village's waste
stream is beneficial to residents of the Village as well as the Village's
waste hauler and users of DNR-approved landfills.
The following definitions shall be applicable in this chapter:
Includes used beverage cans only.
Colored plastic bags with "Village of Belleville" imprinted
thereon are designated for refuse, with a capacity not to exceed 32
gallons and a loaded weight of no more than 50 pounds. The top of
the bag must be secured with a tie.
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Includes all cardboard, brown paper bags, cereal boxes, egg
cartons, and similar materials, but not waxed. No pizza boxes or other
greasy boxes.
The contractor or entity chosen by the Village Board to handle,
transport, and dispose of the solid waste, recyclables and nonrecyclables
generated in the Village, or the person or persons contracting with
waste generators for these services, and will enforce preparation
standards for recyclable materials as well as ensure community compliance
with this source separation recycling program.
Waste of whatever material generated by any industrial or
business establishment where any trade, occupation, industry or commerce
is conducted.
The dumpster or container maintained by the Village located
at the Village wastewater treatment plant for use by Village residents
under this chapter.
Includes container glass only. "Glass" does not include ceramic
cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant
glass such as Pyrex,® lead-based glass such as crystal, or television
tubes.
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.
Yard wastes such as leaves, grass clippings, flowers and
other similar vegetation, but specifically excludes sod, dirt, twigs,
fruit, vegetables and other similar material. Also included are clean
woody vegetative material no greater than six inches in diameter and
holiday trees, but does not include tree stumps, extensive root systems
or shrubs with intact root balls.
That portion of solid waste from the repair, remodeling,
construction or reconstruction of buildings, such as lumber, roofing
and sheathing scraps, rubble, broken concrete, asphalt, plaster, conduit,
pipe, wire, insulation, and other materials resulting from the demolition
of buildings and improvements.
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 purposes of this chapter.
Discarded materials resulting from the handling, processing,
storage and consumption of food.
Glass bottles, jars and containers and does not include window
glass, drinking glasses, Pyrex,® light bulbs or other noncontainer
glass.
Reasonable efforts to adhere to the policies, standards and
rules of this mandatory source separation recycling program.
As defined in § 291.01(7), Wis. Stats.[1]
High-density polyethylene plastic containers marked by the
SPI Code No. 2.
Any type of product capable of puncturing or lacerating the
skin that is designed or used to treat, diagnose, or prevent a disease
or medical condition, including but not limited to scalpels and hypodermic
needles.
Low-density polyethylene plastic containers marked by the
SPI Code No. 4.
Automotive and related batteries that are comprised of lead
plates with an acid electrolyte, and does not include nickel-cadmium
batteries, dry cell (flashlight) batteries or batteries used in calculators,
watches, hearing aids or similar devices.
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, water heater, furnace, boiler, dehumidifier, or any other item
commonly referred to as a "white good."
Tin-coated steel cans, bimetal cans, and aluminum cans used
for food and other nonhazardous materials, but excluding aerosol cans
and cans that held paint, paint-related products, pesticides or other
toxic or hazardous substances.
Plastic containers marked by the SPI Code No. 7.
Includes all grades of papers, including white, colored,
ledger, shiny, coated, carbonless or NCR papers; envelopes, including
windowed, labeled, and kraft; magazines, phone books, computer printout
paper, glued pads and tablets, file folders, key punch cards, spiral
notebooks, cereal boxes, shoe boxes, etc. Can include paper clips
and staples. Does not include hand towels or other paper products
from rest rooms or soiled napkins and paper plates. Also does not
include carbon paper, cellophane, or any waxed paper.
A property containing five or more residential units, including
those which are occupied seasonally.[2]
That portion of newspapers (newspapers and advertising circulars
normally accompanying newspapers) or periodicals and advertising circulars
printed on newsprint which remains in substantially original condition
at the time of disposal such that the material is suitable for commercial-grade
recycling. "Newsprint" does not include the paper commonly used in
the production of magazines, books, and other physical media for written
material or paper which is not suitable for recycling purposes or
is in a state which makes separation unreasonable or unduly expensive,
for reasons which include, but are not limited to, the following:
The paper has been put to another use, such as wrappings for
other wastes, and is thus rendered unfit for commercial recycling.
The paper is no longer flat and folded to the approximate dimensions
of its original condition.
The paper is mixed in with commercial or municipal litter or
refuse as a result of the failure of citizen or business invitees
to separate newspapers from other discarded materials outdoors or
in publicly accessible areas of buildings.
The paper has been damaged or altered by any other means so
as to make recycling impossible or unduly difficult.
All items of waste not recyclable, except hazardous waste
or hazardous substances.
All paper excluding newsprint materials or materials specifically
excepted in the definitions of "newsprint" and "cardboard," but shall
include grades of fiber materials with available markets for recycling.
Large items such as furniture, mattresses, carpeting, construction
or demolition materials of substantial dimensions, brush and other
large items whose proportions are not easily reduced.
Any individual, corporation, organization, association, local
governmental unit, as defined in § 66.0131(1), Wis. Stats.,
state agency or authority or federal agency.
Polyethylene terephthalate plastic containers marked by the
SPI Code No. 1.
Includes only plastic bottles clearly marked with the recycling
emblem encircling No. 1 (PET or PETE) or No. 2 (HDPE). Does not include
motor oil bottles, even if they are labeled No. 1 or No. 2.
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.[3]
Criteria provided establishing acceptable good faith limits
for introduction of materials into the source separation recycling
program involving either transport to a material recycling center
or temporary storage of such materials.
Polystyrene plastic containers marked by the SPI Code No.
6.
Polyvinyl chloride plastic containers marked by the SPI Code
No. 3.
Identified materials meeting preparation standards and shall
include the following: newspapers; corrugated cardboard; (unbroken)
brown, green and clean container glass; aluminum, bimetal and tin-coated
steel cans; blow-molded HDPE and PET plastic containers; tires (regardless
of size); used oil; lead acid batteries and large batteries; and large
appliances. "Recyclable material" further means identified materials
meeting preparation standards where economical markets or short-term
storage is available and shall include the following: other paper;
polystyrene foam; PVC containers; polypropylene containers; HDPE and
PET containers other than bottles; types of plastic containers labeled
"other"; and other materials determined to have economical markets
available.
Generally means high-density polyethylene and polyethylene
terephthalate plastic containers and specifically means any plastic
containers described as recyclable on the list posted and maintained
at the Village Hall by the Village Clerk/Treasurer, which list is
incorporated herein by reference and is subject to revision and updating
at any time.
Combustible and noncombustible materials, including but not
limited to paper products, wood, metal, glass, cloth and products
thereof in unrecoverable condition; litter and street rubbish not
including yard waste; uncontaminated ashes; and building materials
such as wood, concrete, glass, plaster and other intermixed materials
produced in construction or demolition of structures. "Refuse" for
purposes of this chapter shall not include oversize or bulky waste.
All solid waste that normally originates in a residential
environment from residential dwelling units.
Each living unit in the Village of Belleville designed for
permanent living quarters, including single-family dwellings and units
in duplexes, triplexes, and multifamily units and each unit in a residential
condominium project.
The uncontrolled and unauthorized removal of materials at
any point in solid waste management.
A container specifically manufactured for the disposal of
sharp medical waste.
Garbage, refuse and all other discarded or salvageable solid
materials, including solid waste materials, resulting from industrial,
commercial and agricultural operations and from community activities,
but does not include solids or dissolved material in wastewater effluents
or other common water pollutants.
Safe, environmentally sound, short-term containment of materials
and for recyclables shall involve preserving materials in a condition
meeting preparation standards.
For collection purposes shall mean rubber tires, from automobiles
and light trucks, and other tires whose size is less than 1100 x 24.5,
which are removed from rims.
Any contaminated petroleum-derived or synthetic oil, including
but not limited to the following: engine and other mechanical lubricants,
hydraulic and transmission fluid, metal-working fluid, and insulating
fluid or coolant.
Refrigerators, freezers, stoves, water heaters and other
large appliances.
Leaves, grass clippings, and yard and garden debris, including
clean woody vegetative material no greater than six inches in diameter
and holiday trees, but does not include tree stumps, extensive root
systems or shrubs with intact root balls.
A.
Applicability. This chapter shall apply to all persons, entities
and appropriate waste-generating activities within the limits of the
Village of Belleville, including but not limited to all waste generated
by all residential and commercial activities. No person shall mix
with nonrecyclables for collection by the Village's authorized collector
any material except recyclable material and only in such manner as
set forth herein. This chapter shall apply to each owner or occupant
of any business, industry, place of commerce or other place providing
goods or services of any kind and to each owner or occupant of any
single-family residence, two-family residence or multifamily dwelling
unit and to all other covered activities within the corporate limits
of the Village of Belleville.
B.
Separation required. Occupants of single-family and two- to four-unit
residences, multifamily dwellings and nonresidential facilities and
properties shall separate the following materials from postconsumer
waste:
(1)
Lead acid batteries.
(2)
Waste oil.
(3)
Aluminum cans.
(4)
Bimetal containers.
(5)
Corrugated cardboard.
(6)
Foam polystyrene.
(7)
Container glass.
(8)
Mixed papers.
(9)
Newspapers.
(10)
Plastic Nos. 1 and 2.
(11)
Plastic Nos. 3 to 7.
(12)
Steel (tin containers).
(13)
Major appliances.
(14)
Waste tires.
(15)
Yard waste.
(16)
Office paper.
C.
Changes in requirements. The Village of Belleville 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 Village or its contractors. The Village of Belleville
shall provide written notice to service recipients of this declaration.
D.
Curbside recyclable materials. The following materials shall be placed
in clear plastic bags for recycling or deposited curbside for pickup:
|
Material
|
Handle as Follows
| |
|---|---|---|
|
Aluminum containers
|
Curbside
| |
|
Bimetal containers
|
Curbside
| |
|
Corrugated paper or other container board
|
Curbside
| |
|
Foam polystyrene packaging
|
Curbside (as of January 1, 1996)
| |
|
Glass containers
|
Curbside
| |
|
Magazines and other materials printed on similar paper
|
Curbside
| |
|
Newspaper and other materials printed on newsprint
|
Curbside
| |
|
Rigid plastic containers, including those made of PETE (No.
1) and HDPE (No. 2)
|
Curbside
| |
|
Rigid plastic containers, including those made of PVC (No. 3),
LDPE (No. 4), PP (No. 5), PS (No. 6), and other resins or multiple
resins (No. 7)
|
Curbside (as of January 1, 1996)
| |
|
Steel containers
|
Curbside
|
E.
Separation of recycling materials effective January 1, 1996. Effective
January 1, 1996, occupants of single-family and two- to four-unit
residences, multifamily dwellings and nonresidential facilities and
properties shall separate the following materials from postconsumer
waste unless a variance has been issued by the Wisconsin Department
of Natural Resources:
F.
Separation requirements exempted. The separation requirements of
this section do not apply to the following:
(1)
Occupants of single-family and two- to four-unit residences, multifamily
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 this section from solid waste in as pure a form as is technically
feasible.
(2)
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.
(3)
A recyclable material specified in this section for which a variance
has been granted by the Department of Natural Resources under § 287.07(7)(d)
or 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
G.
Care of recyclable materials. To the greatest extent practicable,
the recyclable materials separated in accordance with this section
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.
Recycling requirements. All recyclable materials shall be separated
from other nonrecyclable garbage and refuse. All recyclable materials
shall be well drained and clean. Recycling bins provided by the Village
shall be used. No containers shall exceed 32 gallons in capacity or
50 pounds in weight when full. Glass, ferrous metal cans, aluminum
cans and plastics may all be combined and placed in recycling bins
provided by the Village. Recyclable materials shall consist of:
(1)
Glass. Brown glass, green glass and clear glass shall be empty, rinsed,
clean, unbroken, and have metal covers and caps removed.
(2)
Cans. All aluminum, tin, steel, copper and other ferrous metal cans
shall be empty, rinsed and have labels removed (with ends removed
and flattened where possible), except that aerosol, paint and oil
cans may not be recycled.
(3)
Plastic containers. Plastic containers shall be rinsed and have any
metal or plastic rings/caps removed. Plastic containers with handles
left for collection by the Village's collection service shall not
be tied together and should be placed in the recycling bag.
(4)
Corrugated cardboard and other cardboard. Corrugated cardboard shall
be flattened, empty and free of food debris. Waxed cardboard may not
be recycled. Corrugated cardboard shall be tied in bundles not exceeding
eight inches in height. Other types of cardboard shall be securely
tied in separate bundles not exceeding eight inches in height and
placed at the curb for collection. Corrugated cardboard, other cardboard
and newspaper may not be bundled together and shall not be mixed with
other recyclable materials.
(6)
Aluminum. All products made of aluminum, including aluminum cans,
foil, wrappers, pie pans, and containers for prepared dinners or other
foods, screen frames, and lawn chairs, shall be cleaned and flattened.
(7)
Tires. Tires, as defined in § 505-3, shall be less than 1100 by 24.5 in size and removed from rims. Tires require a garbage sticker (fee established by Village) and may be put out for curbside collection or taken to the community dumpster.
(8)
Motor oil. Motor oil must be placed in the receptacle designated
by the Village.
(9)
Additional materials/standards. Furthermore, additional preparation
standards may be provided by notice to generators of waste and collectors/haulers
or by amendment to this subsection when other materials become recyclable,
dependent upon available economic markets.
B.
Containers at multifamily dwellings. Owners of multifamily dwellings
shall provide containers for the disposal of recyclable materials
in one of the following ways:
(1)
Containers for each unit. Two separate containers, one for corrugated
cardboard bundles and newspaper bundles and one for glass, aluminum
and ferrous cans and plastic materials, shall be provided for each
dwelling unit.
(2)
Containers for common use. At least two separate and adequately sized
containers, one for corrugated cardboard bundles and newspaper bundles
and one for other recyclable materials, shall be provided for the
common use of all residents of the multifamily dwelling.
(3)
Newspaper and corrugated cardboard. Although corrugated cardboard
and newspaper may be placed in the same container, they must be separately
bundled or packaged. Corrugated cardboard must be securely tied in
bundles or packaging not exceeding eight inches in height. Newspaper
must be securely tied in bundles or packaging not exceeding eight
inches in height.
(4)
Cleanliness; multifamily units. The containers must be clearly designated
and marked and maintained in a clean and safe condition. The owners
of multifamily dwellings shall notify residents at the time they first
occupy the unit and on a semiannual basis thereafter that recyclable
materials must be placed in the containers provided. The owners of
multifamily dwellings shall take steps as necessary to assure that
their residents comply with the recycling requirements of this chapter.
C.
Containers at commercial, retail, industrial, institutional and governmental
facilities. The owners of commercial, retail, industrial, institutional
and governmental facilities shall provide adequately sized and marked
containers for the separate disposal of recyclable materials. At least
one container shall be provided for corrugated cardboard and newspaper
and one for other recyclable materials. Although corrugated cardboard
and newspaper may be placed in the same container, they must be separately
bundled or packaged. Corrugated cardboard must be securely tied in
bundles or packaging not exceeding eight inches in height. Newspaper
must be securely tied in bundles or packaging not exceeding eight
inches in height. At least annually the owners shall notify all occupants,
employees, agents, patrons, customers or other users of the facilities
of the Village and county recycling requirements.
Nonrecyclable materials include the following:
A.
Glass. All Pyrex® glass, window glass, light bulbs, ceramics,
mirrors, broken glass and china shall be considered nonrecyclable.
B.
Plastics. Rigid cottage cheese containers, plastic wraps, egg cartons,
melamine-type plastics, and all forms of polystyrene foam shall not
be placed with recyclable material but shall be disposed of in the
manner prescribed for other nonrecyclable refuse.
C.
Gloss paper. All waxed paper and waxed cardboard and all Christmas
wrapping paper.
D.
Other materials. All other garbage and refuse not qualifying as recyclable
materials.
A.
No person in the Village of Belleville shall dispose of newsprint
with nonrecyclable refuse, except for such newsprint rendered unfit
for recycling. This subsection shall apply to all persons, governmental
operations and business, commercial, retail and industrial enterprises
however organized and of whatever type, if such refuse is to be deposited
in a DNR-approved landfill.
B.
The Village Board requires all persons using the garbage pickup and
disposal services of the Village of Belleville to remove all newspaper
from their other garbage prior to pickup.
C.
All garbage, refuse and other nonrecyclable materials shall be collected,
removed and disposed of pursuant to the Village's agreement with the
designated collector/hauler or persons' private agreements with collectors/haulers.
Newsprint and other recyclables placed for recycling shall become
the property of the Village of Belleville or its authorized collector.
A.
Yard waste. No person shall place yard waste out for collection by
the collector. Yard waste will not be picked up by the collector.
Owners and occupants of all properties shall be responsible for and
shall provide for the disposal of yard waste from their properties.
Such private disposal may include, but is not limited to, composting
on the lot or disposal at the community compost site located at the
Village's wastewater treatment plant. Disposal must be in accordance
with rules and times established by the Director of Public Works.
B.
Garbage. Garbage shall be placed at curbside for collection by the
collector at a time designated by the Director of Public Works. Rules
shall be established by the Director of Public Works regarding the
above and will be posted at the Village Hall.
[Amended 9-8-2020 by Ord.
No. 2020-09-01]
C.
Brush. Brush and small tree branches may be placed at the curb on
the first and third Monday mornings for collection by the Village.
Brush may be no wider than six inches in diameter nor longer or heavier
than any one person can load. Disposal must be in accordance with
rules and times established by the Director of Public Works.
D.
White goods. Items will be picked up by the Village on the first
and third Mondays. A special fee must be paid at the Village office
to arrange for this service.
E.
Rubbish. Owners and occupants of all properties shall be responsible
for the disposal of rubbish from their properties. Rubbish may be
transported to the community dumpster only at such times and in accordance
with such rules as established by the Director of Public Works. Such
rules will be posted at the Village Hall and may be revised from time
to time as deemed necessary by the Director of Public Works.
A.
No person in the Village shall dispose of brush, tree branches or
other wood materials with refuse that is to be deposited in any DNR-approved
landfill unless such material has been reduced and processed by chipping.
This subsection shall apply to all persons and entities who or which,
directly or through the services of the Village or another third party,
dispose of solid wastes at any DNR-approved landfill and includes
all persons, governmental operations and business, commercial, retail
and industrial enterprises however organized and of whatever type.
All other persons (nonresidential), subject to this subsection as
DNR-approved landfill users, shall facilitate and provide for chipping
of brush and wood materials.
B.
All chipped material shall be placed for collection on a date and
in such manner as established by the Village Board.
C.
All chipped material placed for collection shall become the property
of the Village or its collection agent.
A.
It shall be unlawful for any person to place for regular collection
any of the following wastes:
(1)
Materials that do not comply with one or more of the requirements
of this chapter or do not comply with rules or standards established
by the Director of Public Works.
(2)
Yard waste.
(3)
Hazardous waste.
(4)
Toxic waste.
(5)
Chemicals.
(6)
Explosives or ammunition.
(7)
Drain or waste oil or flammable liquids.
(8)
Large quantities of paint.
(9)
Dead animals.
(10)
Trees or stumps.
(11)
Gravel or concrete.
(12)
Construction debris.
(13)
Animal or human waste.
(14)
White goods (unless as a special haul item).
(15)
Hot ashes (ashes that are fully extinguished and dry may be
left for collection in noncombustible containers).
(16)
Tires.
(17)
Holiday trees.
(18)
Bedding and furniture.
B.
The aforementioned materials shall be disposed of in the manner prescribed
by federal or state laws or as provided for herein.
C.
Materials that the Village collector will dispose of for a separate
fee may be disposed of by special arrangement between the waste generator
and said Village collector.
A.
B.
Collector to refuse pickup of nonconforming household sharp medical
waste. The Village's collector shall refuse to pick up any solid waste
or recyclables containing household sharp medical waste not separately
contained and prepared as provided in this section.
All demolition waste resulting from remodeling, construction,
or removal of a building, roadway, or sidewalk shall be disposed of
by the owner, builder, or contractor. Building materials of any kind
will not be disposed of by the Village.
It shall be unlawful to intentionally alter recyclable materials
so as to render them as nonrecyclable material.
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 or containers
shall be placed immediately adjacent to the alley if premises abut
on an alley. Collection crews will not collect residential solid waste
unless it is placed at the curb of a public street. Residential units
shall bring their solid waste to the terrace adjacent to the street
curb for collection. Should collection crews be unable to discharge
contents of garbage cans into collection vehicles using normal handling
procedures, the cans, 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 cans 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.
(1)
Receptacles and containers for refuse and rubbish shall be placed in collection locations as designated in Subsection A above prior to 7:00 a.m. of the scheduled collection day, but not more than 24 hours prior to such time.
(2)
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.
(3)
Village employees or employees of licensed collectors will not enter
any structures to remove garbage or refuse, except by written agreement
with the property owner.
C.
Special collections. Special collections may be made if ordered by
the Director of Public Works or Village Board and will be billed to
the owner.
D.
Collection schedule, standards and locations. The Director of Public
Works shall annually establish a schedule for waste collection. The
Director of Public Works may vary from or modify the schedule at any
time as necessary. The Village Clerk/Treasurer shall publish the collection
schedule annually and, in addition, at any time when the collection
schedule is modified.[1]
A.
In the absence of an agreement to the contrary, title to the refuse
and recyclable material placed for collection and disposal by the
Village or its agents shall vest in the Village of Belleville as soon
as it is placed for collection. It shall be a violation of this chapter
for any person unauthorized by the Village to collect or pick up,
or cause to be collected or picked up, any recyclable materials that
are placed for disposal by the Village or by any authorized agent.
Any such and each such unauthorized collection of recyclable materials
in violation hereof shall constitute a separate and distinct offense
punishable as provided for herein.
B.
Persons shall not pilfer recyclables or disturb recyclables once
those materials are placed for collection unless good faith applies.
Only persons authorized by the Village or the generator of waste shall
collect or handle recyclable materials once those materials have been
placed appropriately for collection. Any and each collection by unauthorized
persons in violation of this provision shall constitute a separate
and distinct offense punishable as provided hereinafter. Nothing herein
shall be construed to allow for scavenging, removal, transportation,
or resorting of refuse which has been placed for disposal under this
chapter. Any such scavenging or separation of refuse that has been
placed for disposal by the producer of said refuse shall be deemed
a violation of this chapter.
C.
This chapter shall not prohibit the actual producers of recyclable
materials or the owners of residential units or nonresidential units
upon which recyclable materials have been accumulated from personally
collecting, conveying, and disposing of recyclable materials, provided
that such producers or owners do not violate the intent of this chapter.
The accumulation or deposit of garbage, trash, or putrescible
animal or vegetable matter in or upon any lot or land or any public
or private place within the Village which causes the air or environment
to become noxious or offensive or to be in such a condition as to
promote the breeding of flies, mosquitoes, or other insects, or to
provide a habitat or breeding place for rodents or animals, or which
otherwise becomes injurious to the public health, is prohibited and
declared to constitute a nuisance. Refuse areas shall be kept in a
nuisance- and odor-free condition. Refuse shall not be allowed to
accumulate. Violation will result in the occupant and/or owner being
notified to clean up his or her area, with continued violations resulting
in the owner being prosecuted under provisions of this chapter and
other Village ordinances.
A.
No persons
shall deposit, throw, or place any garbage, offal, dead animals, combustible
refuse or other deleterious matter in any park, lane, alley, street,
public grounds, or public place within the Village or place any garbage,
offal, dead animals or other refuse matter upon any private property
not owned by such person without such person's consent. If not deemed
noncollectible, these materials may be placed for collection on the
owner's property if the same are enclosed in proper vessels or containers
which shall be watertight and kept so with tightly fitting covers.
B.
No person
shall deposit or cause to be deposited in any public street or on
any public ground or on any private property not his or her own any
refuse, garbage, litter, waste material or liquid or any other objectionable
material or liquid. When any such material is placed on the person's
own private property, it shall be properly enclosed and covered so
as to prevent the same from becoming a public nuisance.
No person other than an authorized collector shall collect or
interfere with any waste after it shall have been put into a garbage
receptacle and deposited in the proper place for the collector, nor
shall any unauthorized person molest, hinder, delay or in any manner
interfere with any authorized garbage collector in the discharge of
his or her duties.
No person, persons or other entity generating waste within the
Village shall do any of the following:
A.
Deposit or cause to be deposited any recyclable material at any authorized
collection point when the site is closed or not operating.
B.
Deposit or cause to be deposited any waste material, whether recyclable
or not, in or upon any public street, public waters, or public grounds
in the Village except at authorized locations within appropriate packaging
or placed into appropriate containers during specifically authorized
collections if any are provided.
C.
Deposit or cause to be deposited any recyclable materials in any
container not specifically intended for the collection of that type
or group of recyclable material.
D.
Deposit or cause to be deposited any nonrecyclable material in any
container specifically intended for the collection or deposit of recyclable
material.
E.
Mix or permit intermixing of recyclable and nonrecyclable materials
intended for collection by a collector/hauler or intended to be processed
at a material recycling facility.
A.
The Village may find that the purposes of this chapter will be better
served by limiting collection of waste activities to a minimum and
to that end the Village will contract with an independent contractor
to provide waste collection services in accordance with this chapter.
If any person needs a service in excess of that provided by such collector/hauler
pursuant to the collection contract with the Village, such person
is free to contract, at such person's cost, for such additional services
as may be required or desired.
B.
The Village Board shall be authorized, if it so determines, to place
the pro rata cost of such collector/hauler's fee for such services
on the tax bill for the real property from which such waste is generated.
Said amount shall be placed on the tax bill for each year in arrears
of such services and when so placed shall have the same force and
effect as real estate taxes and shall be paid in the same manner as
real estate taxes.[1]
C.
The Village and the collector/hauler shall establish pickup times
for the collection of collectible wastes.
Each condominium association in the Village shall be responsible for establishing compliance with this chapter by the owner of each condominium unit and shall submit its plan for compliance to the Village for approval and shall submit for approval of the Village any changes in such plan. Such plan may provide for the purposes of this chapter. Each condominium unit shall be treated the same as a single residential dwelling or the entire condominium shall be treated for such purposes as a multifamily dwelling (§ 505-5B). In approving such a plan, the Village shall consider which plan under the circumstances would better promote the purpose of this chapter.
The owners of commercial, retail, industrial and governmental
facilities shall provide adequate separate containers for the disposal
of recyclable materials as defined herein and shall regularly notify
all users of said premises of such facilities, including employees,
agents and customers, and of county and municipal recycling requirements.
Nothing in this chapter is intended to apply to the disposal
of or the accumulation of agricultural or farm wastes, products or
feed accumulated upon property used in the ordinary course of farming.
It is expected that from time to time federal and state statutes
and regulations will require that items other than the items which
have been deemed to be recyclable herein shall be recycled. In such
event, this chapter shall be deemed to include and shall require such
other items to be recyclable hereunder.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in §§ 505-4 and 505-5:
(1)
Provide containers for recyclable materials.
(2)
Notify in writing, at least annually, all users, tenants and occupants
of the properties about the established recycling program.
(3)
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 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 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 §§ 505-4 and 505-5 from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of multifamily dwellings shall do all
of the following to recycle aluminum cans, container glass, corrugated
cardboard, mixed papers, newspapers, and No. 1 and No. 2 plastic and
bimetal containers:
(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 designated agents of multifamily 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 Subsection A from solid waste in as pure a form as is technically feasible.
It shall be unlawful to bring refuse for disposal (and recyclables)
from outside the corporate limits into the Village unless authorized
by agreement with the Village Board.
A.
Inspections; citation.
(1)
Any authorized officer, employee or representative of the Village
of Belleville may inspect recyclable materials separated for recycling,
postconsumer waste intended for disposal, collection sites and facilities,
collection vehicles, collection areas of multifamily dwellings and
nonresidential facilities and properties, solid waste disposal facilities
and solid waste treatment facilities, and any records relating to
recycling activities, for the purpose of ascertaining compliance with
the provisions of this chapter. No person may refuse access to any
authorized officer, employee or authorized representative of the Village
of Belleville who requests access for purposes of inspection and who
presents appropriate credentials. No person may obstruct, hamper,
or interfere with such an inspection.
(2)
Any person who violates a provision of this chapter may be issued
a citation by a Village law enforcement officer 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.
B.
Any person who shall violate any of the provisions of this chapter
shall be subject to a penalty which shall be as follows:
(1)
First offense. Any person found in violation of any provision of
this chapter as a first offender shall receive a warning notice requiring
compliance and may be subject to having refuse in violation of the
provisions herein not collected.
(2)
Second and subsequent offenses. Any person found guilty of violating any part of this chapter who has previously been notified of being in violation or has been convicted of violating the same chapter within one year shall, upon conviction thereof, be subject to a forfeiture as provided in § 1-4 of this Code.
C.
Each violation and each day a violation continues or occurs shall
constitute a separate offense. Nothing in this chapter shall preclude
the Village from maintaining any appropriate action to prevent or
remove a violation of any provision of this chapter.
If any entity, including those receiving collection from a private
firm, is found in violation of the collection and storage requirements
of this chapter and fails to comply with a notification and/or citation,
the Village Board or its designee shall be empowered to order a special
collection to remove such violation. The person shall be notified
of such special collection and the charges therefor. The special collection
shall be made, and if billing plus an hourly rate as prescribed in
the Village Fee Schedule is unpaid, the bill shall be considered a
lien on the property and shall be placed on the tax bill. A person
shall not use the special collection provision of this chapter to
circumvent requirements for collection by a private firm.
A.
The Director of Public Works shall be responsible for the initial
enforcement of this chapter.
B.
The Director of Public Works shall prepare rules and standards as
necessary for the implementation of this chapter.
C.
From time to time, as appropriate, the Director of Public Works shall
prepare and distribute information to the Village residents regarding
recycling or the requirements of this chapter.
D.
The Director of Public Works shall prepare at least annually a report
to the Village President and Board addressing compliance and enforcement
activities under this chapter.
The provisions of this chapter shall be held to be minimum requirements
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes or pertinent county ordinances in
their interpretation and application. Because this chapter creates
a comprehensive, mandatory source separation recycling program in
our community, any terms or requirements or interpretations consistent
with state and county law shall control. If any provision of this
chapter is found to be invalid or unconstitutional, or if the application
of this chapter to any person or circumstance is invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the other
provisions or applications of this chapter which can be given effect
without the invalid or unconstitutional provisions or applications.
