[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-8-1995 by Ord. No. A-128 (Sec. 11.10 of the 2001
Village Code)]
As used in this article, the following words and phrases shall
have the meanings ascribed to them in this section:
Includes all kinds of organic refuse resulting from the preparation
of food and all decayed or spoiled food products from any source whatever.
Includes all inorganic matter such as tin cans, wire or metal,
glass, china, crockery, paper, cloth, earth, wood, ashes and other
items of a similar nature, but shall not include leaves, grass, trees,
tree limbs, earth, stone or manure or materials obtained from the
demolishing or remodeling of buildings and property whenever such
material exceeds in quantity 10 containers per collection.
No person shall deposit, throw, scatter or place any garbage
or other refuse on or within any public street, alley, park, sidewalk,
or other public place or within or upon any private property or premises,
whether owned, kept or controlled by such person, except in the manner
provided in this article, or as directed by the Police Department
for the health, safety and welfare of the Village.
A.Â
All garbage shall be well-drained, wrapped in paper and deposited
in metal tapered garbage cans or clear plastic bags of suitable strength
and tied properly to eliminate spillage. All garbage cans shall be
equipped with proper handles, kept closed with tight-fitting covers,
shall be verminproof and flyproof, kept in a sanitary condition, and
shall not exceed 30 gallons in capacity or 50 pounds in weight. Garbage
cans and bags must be readily accessible at the curb for emptying
or removing, and no other receptacle shall be used for garbage.
B.Â
All multiple-family buildings and trailer parks containing four families/units
or more shall provide one six-cubic-yard container for a maximum of
12 residence units. Industrial plants and commercial establishments
shall likewise deposit garbage in a six-cubic-yard container. The
Director of Public Works is given the authority to determine when
additional containers are necessary. The Director shall have authority
to waive the requirements of this section.
All refuse shall be placed in cans, baskets, clear plastic bags
or other suitable containers and shall not exceed 30 gallons in capacity,
50 pounds in weight or three feet in length. All boxes not used as
refuse containers must be broken down flat.
No refuse shall be placed in garbage containers.
All garbage and refuse containers shall be placed adjacent to
the street adjoining the property no more than 24 hours prior to 7:00
a.m. of the pickup day, except that on holidays immediately preceding
the day of pickup, such containers shall be so placed no more than
48 hours prior to 7:00 a.m. of the day of pickup; this provision shall
not apply to branches and trees; all such garbage and refuse containers
shall be removed therefrom within 24 hours after collection.
The collection and disposal of garbage and refuse shall be conducted
under the supervision, direction and control of the Director of Public
Works, subject to the provisions of this chapter and such additional
rules and regulations as may be adopted from time to time by the Village
Board.
Garbage and refuse shall be collected once each week in the
residential, industrial and commercial districts on a schedule determined
by the contracted collection agent.
A.Â
The cost of collection shall be borne by the owner or occupant of
all lots or parcels of real estate including mobile home lots and
will be billed by the Village on a monthly basis. The amount to be
collected for each lot or parcel shall be determined on an annual
basis by the Village Board. Billings for garbage, refuse and recycling
collection service become due and payable no later than 20 days from
the end of the month for which service is rendered. A penalty of 3%
will be added to billings not paid in full on the due date.
B.Â
On October 15 in each year, notice shall be given to the owner or
occupant of all lots or parcels of real estate to which service has
been provided prior to October 1 and payment for which is owing and
in arrears at the time of giving such notice. The notice shall be
given by the Clerk/Treasurer unless the Board, from time to time,
shall authorize otherwise. Such notice shall be in writing, shall
state the amount of such arrears, including any such penalty assessed;
and state that unless the same is paid by November 1 thereafter, a
penalty shall be paid of 10% of such amount of the arrears will be
added thereto; and that unless such arrears, with any such added penalty,
shall be paid by November 15, thereafter, the same will be levied
as a tax against the lot or parcel of real estate to which service
was provided and for which payment is delinquent as above specified.
Such notice may be served by delivery to either such owner or occupant
at the post office address of such lot or parcel of real estate. On
November 16, the Treasurer, or officer or department issuing the notice,
shall certify and file with the Clerk a list of all lots or parcels
of real estate giving the legal description thereof, to the owners
or occupants, of which notice of arrears still remain unpaid, and
stating the amount of such arrears together with the added penalty
thereon as herein provided. Each such delinquent amount, including
such penalty, shall thereupon become a lien upon the lot or parcel
of real estate to which the service was furnished and payment for
which is delinquent, and the Clerk/Treasurer shall insert the same
as a tax against such lots or parcels of real estate.
C.Â
Certain exceptions to the above-stated billing procedure may be waived
or instituted at the discretion of the Board on those commercial or
multifamily buildings currently being billed directly by the contracted
collection agent.
The contracted agent or Director of Public Works may refuse
to collect any garbage or refuse improperly prepared or deposited
for pickup as provided for by this article.
All collection equipment shall be as approved by the Board of
Health, and garbage collection trucks must be completely enclosed
and kept clean and sanitary.
It shall be the duty of the Village Director of Public Works
to strictly enforce the provisions of this article and see that all
violations thereof are promptly abated and violations prosecuted,
and it shall be the duty of the Director of Public Works and all police
officers to give attention throughout the Village to any case of violation
of this article and promptly report the same to the Village Board.
Any person who shall violate this article shall, upon conviction thereof, forfeit shall pay a forfeiture as set forth in § 1-3 of the Village Code.
[Adopted 8-6-1992 by Ord. No. A-80; amended 12-14-1994 by Ord. No.
A-115; 11-8-1995 by Ord. No. A-128 (Sec. 11.11 of the 2001
Village Code)]
The Village Board 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 countywide and statewide recycling programs
to conserve energy, recycle valuable resources, and to protect public
health, welfare and the environment. The municipality also finds participation
in these programs appropriate to achieve consistency with countywide
recycling policies to ensure that the Village will be able to use
the county-owned landfill (and the county material recycling facility).
The following words are defined in this article as follows:
The contractor or entity chosen by the Village Board to handle,
transport and dispose of the community's solid waste, recyclables
and nonrecyclables, or 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.
Heavy duty kraft paper packaging material with a corrugated
medium between two flat paper liners, and does not include paperboard
such as cereal or laundry detergent boxes or holders for six packs
or 12 packs of beverage cans or bottles.
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 non-container
glass.
Reasonable efforts to adhere to the policies, standards and
rules of this mandatory source-separation recycling program.
Those wastes or substances defined thusly in Ch. NR 661.03
of the Wisconsin Administrative Code (including all amendments provided
thereto) as provided therein pursuant to Wis. Stats. § 287,
or other acts pursuant to authority vested in the Wisconsin Department
of Natural Resources to describe and list materials thusly and also
includes in the meaning of "hazardous waste" or "hazardous substance"
as described supra those solid wastes or substances found in household
waste (notwithstanding the household waste exclusion provided in Ch.
NR 661.03, Wisconsin Administrative Code).
[1]Automotive and related batteries that are composed 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.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, water heater, residential or commercial furnace, boiler, dehumidifier
or any other item commonly referred to as a "white good." This does
not include a microwave from which the capacitor has been removed.
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.
A residential dwelling place intended to be the residence
of four or more independent family units.
A city, village or town located wholly or partly within the
boundaries of Dane County.
Matter printed on newsprint including daily or weekly publications
and advertising materials but excludes glossy paper, magazines, catalogs
or similar materials.
All items of waste not recyclable except hazardous waste
or hazardous substances.
All paper excluding newsprint materials or materials specifically
excepted in the definition of "newspapers" and "corrugated 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.
Includes any individual, corporation, organization, association,
local governmental unit, as defined in Wis. Stats. § 66.0131(1)(a),
state agency or authority or federal agency.
A blow-molded plastic bottle made of high-density polyethylene
(HDPE) or a plastic bottle or jar made of polyethylene terephthalate
(PETE), but does not include HDPE containers that are not blow-molded,
including but not limited to containers for yogurt, cottage cheese,
butter, margarine, ice cream and similar products. This excludes containers
that held any type of chemicals.
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.
Identified materials meeting preparation standards and shall
include the following: newspapers; corrugated cardboard; unbroken
brown, green and clear container glass; aluminum, bimetal and tin-coated
steel cans; blow-molded HDPE and PETE plastic containers; tires (regardless
of size); used oil; lead-acid batteries; and major appliances.
"Recyclable material" further means identified materials meeting
preparation standards where economical markets or short-term storage
are available and shall include the following: other paper; polystyrene
foam; PVC containers; polypropylene containers; HDPE and PETE containers
other than bottles; types of plastic containers labeled "other"; and,
other materials determined to have economical markets available.
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 article shall not include "oversize or bulky 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 effluent
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 truck tires and other tires whose size is less than 1,100
by 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; metalworking fluid, and insulation
fluid or coolant.
Leaves, grass clippings, 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.
This article shall apply to all persons, entities and appropriate
waste-generating activities, within the corporate limits of the Village
of Blue Mounds.
The provisions of this article 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 Dane County Ordinances
in their interpretation and application. Because this article creates
a comprehensive, mandatory source-separation recycling program in
our community, where any terms or requirements of this article may
be inconsistent or conflicting, the more restrictive requirements
or interpretations consistent with state and county law shall control.
If any section, provision or portion of this article is found unconstitutional
or invalid by a court, the remainder of this article shall remain
enforceable and shall not be affected by that ruling.
Acceptable recyclable materials shall be prepared in accordance
with the following standards for collection purposes pursuant to this article:
A.Â
Newsprint shall be dry, free of paper not normally included in the
newspaper and not sunburnt;
B.Â
Corrugated cardboard shall be flattened, empty and free of food debris
and other contaminating material;
C.Â
Glass containers shall be empty, clean and free of metal caps and
rings, other contaminates such as window glass, drinking glasses,
ceramic and similar material;
D.Â
Metal cans shall be empty (with ends removed and flattened where
possible) and clean (with labels removed);
E.Â
Plastic containers shall not be tied together, and shall be empty,
clean, and have caps removed;
F.Â
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.
The following provisions shall apply to all nonhazardous solid
waste generated within the municipality:
A.Â
Nonrecyclable material.
(1)Â
All garbage, refuse and other nonrecyclable materials shall be collected,
removed and disposed of pursuant to the municipality's agreement
with the designated collector/hauler or persons' private agreements
with collectors/haulers, unless such an arrangement is unavailable
or not required, in which case persons shall follow these guidelines
in their own disposal of solid waste they generated.
(2)Â
All garbage, refuse and other nonrecyclable materials placed curbside
for collection shall be well drained, wrapped and deposited in watertight
containers or watertight clear plastic bags. No container or bag placed
for collection shall exceed 30 gallons in capacity or 50 pounds in
weight.
(3)Â
No more than three bags or containers of garbage or refuse per residential
unit may be placed at curbside for collection each week. Any additional
containers or bags will be left at curbside, as determined by the
collector/hauler.
(4)Â
Any bag or container placed curbside for collection as refuse or
nonrecyclable material which contains any recyclable material may
be refused by the collector/hauler unless the generator show good
faith for recycling. Where dumpsters are used, the collector/hauler
may refuse collection from bins containing recyclable materials unless
the owner or generator shows good faith for recycling.
(5)Â
The municipality shall ensure that a schedule is provided to designate
special times during the year when collection services will be available
for oversize and bulky waste.
B.Â
Grass, leaves and brush. Grass, leaves and brush shall not be collected
with the intent of disposal at any sanitary landfills. The municipality
shall make suitable arrangements for collection, transportation and
disposal of yard waste. All persons who generate yard waste shall
be responsible for appropriate disposal of yard waste from properties
owned or occupied by the aforementioned persons. Composting of yard
waste on private property is permitted where no nuisance to others
occurs. Burning of woody materials under six inches in diameter is
prohibited.
C.Â
Separation of recyclables required. All recyclable materials shall
be separated from other solid waste. Recyclable materials placed at
the curbside for collection shall be separated between themselves
in a system facilitating transport and processing as provided herein.
Recyclable materials shall meet preparation standards and persons
shall make good faith effort to ensure recyclables and recycling containers
are well drained and reasonably clean.
(1)Â
Requirements for single-family dwellings. Residential containers
for recyclable materials will be provided by the municipality.
(a)Â
Containers. Glass, metal cans and plastic containers separated
and placed curbside shall be in a manner facilitating the collector/hauler's
collection of these materials enabling ready identification of the
various materials.
(b)Â
Newspaper and corrugated cardboard. Newspaper shall be securely
tied in neat bundles less than 12 inches thick or placed in brown
grocery bags facilitating handling and collection. Corrugated cardboard
shall be flattened and securely tied in bundles or placed in suitable
containers facilitating handling and collection. Corrugated cardboard
and newspaper shall not be intermixed, bundled together or mixed with
other recyclable materials such as paper.
(c)Â
Other items. All persons who are generators of the following
types of waste shall make appropriate arrangements for collection,
transportation and disposal of these materials at their own expense:
lead-acid batteries, major appliances, tires, large metal products,
and used oil.
(2)Â
Requirements for multifamily dwellings. Owners of multifamily dwellings
shall provide adequate containers for handling and collection of recyclable
materials, enabling tenants to ensure separation of recyclables and
ensuring that recyclables meet preparation standards. The following
shall be acceptable means of providing containers: first, providing
two containers for each dwelling unit, with one container being for
glass, metal cans and plastic containers, and the other container
being for bundles of corrugated cardboard and newspapers; second,
providing a series of containers for the complex or subunits thereof
with unique containers for each type of recyclable to be shared in
common by occupants of the multifamily dwelling, not including provisions
for major appliances, used oil, lead acid batteries, yard waste or
tires; with sufficient, separate containers to achieve good faith
separation of recyclables based upon size of the multifamily dwelling,
and handling, transportation and processing requirements for the collector/hauler.
Containers shall be clearly designated and marked as to the recyclables
contained therein, and containers shall be maintained in a clean,
safe and watertight condition. Owners of multifamily dwellings shall
exercise good faith to assure that residents and occupants comply
with recycling requirements of this article. Owners of multifamily
dwellings shall notify tenants at the time of renting or leasing the
dwelling and semiannually thereafter of the recycling programs provided
in this subsection. Additionally, owners of multifamily dwellings
shall provide for the collection of recyclable materials separated
from solid waste by tenants and delivery of the aforementioned recyclables
to a material recycling facility.
(3)Â
Requirements at commercial, retail, industrial, institutional and
governmental facilities. The owners of commercial, retail, industrial,
institutional and governmental facilities shall provide adequate,
marked containers for separate handling and collection of recyclable
materials, excluding lead acid batteries, tires, yard waste, used
oil and major appliances. All owners shall exercise good faith to
maintain sufficient, well-kept containers to meet their generators'
requirements for recycling purposes. Adequacy and the number of separate,
marked containers shall be based upon the size of the facility. All
owners shall exercise good faith to meet preparation standards for
that purpose. Owners of larger facilities shall provide separate containers
for each type of recyclable material collected, ensuring sufficient
containers to meet all occupants' needs and shall exercise good
faith to assure that occupants comply with recycling requirements
of this article. Owners shall regularly, periodically notify all users
and occupants of the facilities of the recycling programs provided
in this subsection. Additionally, owners of facilities shall provide
for the collection of recyclable materials separated from solid waste
by the users and occupants of the facility and delivery of the aforementioned
recyclables to a material recycling facility.
No person, persons or other entity generating waste within the
municipality shall do any of the following:
A.Â
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 unless good faith to recycle is shown.
B.Â
Deposit or cause to be deposited any recyclable material at any authorized
collection point when the site is closed or not operating.
C.Â
Deposit or cause to be deposited any recyclable material in or upon
any public street, public waters, or public grounds in the municipality
except at authorized locations within appropriate packaging or placed
into appropriate containers during specifically authorized collection
periods if any are provided.
D.Â
Deposit or cause to be deposited any recyclable material in any container
not specifically intended for the collection of that type or group
of recyclable material.
E.Â
Deposit or cause to be deposited any nonrecyclable material in any
container specifically intended for the collection or deposit of recyclable
material.
Persons shall not pilfer recyclables or disturb recyclables
once those materials are placed for collection. All recyclable materials
placed for collection pursuant to this article shall thereupon become
the property of the municipality, or the municipality's authorized
agent, or a private collector/hauler whom persons in the municipality
have contracted to perform functions pursuant to the recycling plan
provided in this article. Only persons authorized by the municipality
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.
Any person who violates any provisions of this article or any regulations promulgated pursuant to this article shall forfeit upon conviction thereof an amount as provided in § 1-3 of the Village Code.
The collector/hauler for the municipality is prohibited from
landfilling any recyclable material that has been properly prepared
for recycling and free from contaminants; and shall provide the municipality
with receipts from the sale of recyclable materials on a quarterly
basis.
The Village Board shall prepare regulations, standards and schedules
as necessary to make effective all provisions of this article. Periodically,
upon a schedule adopted by the municipality, the Village Clerk/Treasurer
shall prepare notices and distribute other information to persons
and entities generating waste within the Village for the purpose of
informing the public about the requirements dictated by this mandatory
source-separation recycling ordinance.
