This chapter shall be known as the "Solid Waste Management Ordinance
of the Village of Clyman," hereinafter referred to as "this chapter."
The following definitions shall be applicable in this chapter:
COLLECTOR/HAULER
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, 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.
COMMERCIAL WASTE
Waste of whatever material generated by any industrial or
business establishment where any trade, occupation, industry or commerce
is conducted.
CORRUGATED CARDBOARD
Heavy duty kraft paper packaging material with a corrugated
medium between two flat paper liners, and does not include paperboard
such as for cereal or laundry detergent boxes or holders for six-packs
or 12-packs of beverage cans or bottles.
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.
DECIDUOUS MATERIAL
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.
DEMOLITION WASTES
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.
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 purposes of this chapter.
GARBAGE
Discarded materials resulting from the handling, processing,
storage and consumption of food.
GLASS
Glass bottles, jars and containers and does not include window
glass, drinking glasses, Pyrex, light bulbs or other noncontainer
glass.
GOOD FAITH
Reasonable efforts to adhere to the policies, standards and
rules of this mandatory source separation recycling program.
HAZARDOUS WASTE or HAZARDOUS SUBSTANCE
Those wastes or substances defined as such in § NR
661.03, Wis. Adm. Code (including all amendments provided thereto),
as provided therein pursuant to § 291.05, Wis. Stats., or
other acts pursuant to authority vested in the Wisconsin Department
of Natural Resources to describe and list materials as such and also
includes the meaning of "hazardous waste" or "hazardous substance"
as described herein. Those solid wastes or substances found in household
waste [notwithstanding the household waste exclusion provided in § NR
661.04(2)(a), Wis. Adm. Code].
HOUSEHOLD SHARP MEDICAL WASTE
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.
LEAD-ACID BATTERIES
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.
MAJOR APPLIANCES
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, water heater or any other item commonly referred to as a "white
good."
METAL CANS
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.
MULTIFAMILY DWELLING
A residential building intended to be the residence of four
or more independent family units.
NEWSPRINT
That portion of newspapers (newspapers and advertising circulars
normally accompanying newspapers) or periodicals and advertising circulars
printed on newsprint which remain 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,
or reasons which include, but are not limited to, the following:
A.
The paper has been put to another use, such as wrappings, for
other wastes, and is thus rendered unfit for commercial recycling;
B.
The paper is no longer flat and folded to the approximate dimensions
of its original condition;
C.
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;
D.
The paper has been damaged or altered by any other means so
as to make recycling impossible or unduly difficult.
OTHER PAPER
All paper excluding newsprint materials or materials specifically
excepted in the definition of "newsprint" and "corrugated cardboard,"
but shall include grades of fiber materials with available markets
for recycling.
OVERSIZE AND BULKY WASTE
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.
PERSON
Any individual, corporation, organization, association, local
governmental unit, as defined in § 66.0131(1), Wis. Stats.,
state agency or authority or federal agency.
PLASTIC CONTAINER
A blow-molded plastic bottle made of high density polyethylene
(HDPE) or a plastic bottle or jar made of polyethylene terephthalate
(PET), 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.
PREPARATION STANDARDS
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.
RECYCLABLE MATERIAL
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 are 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.
REFUSE
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.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential
environment from residential dwelling units.
RESIDENTIAL UNIT
Each living unit in the Village of Clyman 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.
SCAVENGING
The uncontrolled and unauthorized removal of materials at
any point in solid waste management.
SHARPS CONTAINER
A container specifically manufactured for the disposal of
sharp medical waste.
SOLID 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.
SOLID WASTE STORAGE
Safe, environmentally sound short-term containment of materials
and for recyclables shall involve preserving materials in a condition
meeting preparation standards.
TIRES
For collection purposes shall mean rubber tires, from automobiles
and light trucks, and other tires whose size is less than 1,100 by
24.5, which are removed from rims.
USED OIL
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.
YARD WASTE
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 chapter shall apply to all persons, entities and appropriate
waste generating activities within the limits of the Village of Clyman
and includes, but is 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.
All recyclable materials shall be separated from other nonrecyclable
garbage and refuse. Recyclable materials shall be brought to the Village's
dropoff Recycling Center for appropriate disposal and recycling. Recyclable
materials shall consist of:
A. Glass. Brown glass, green glass and clear glass shall be empty, rinsed,
clean, unbroken, and have metal covers and caps removed.
B. Cans. All aluminum, tin, steel, copper and other 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.
C. Plastic containers. Plastic containers shall be rinsed and have any
metal or plastic rings/caps removed. Plastic containers with handles
left at the Recycling Center shall not be tied together and should
be placed next to the recycling container.
D. Corrugated cardboard. Corrugated cardboard shall be flattened, empty,
free of food debris, bundled in eight-inch or ten-inch bundles, and
be placed beside the recycling container for collection. Waxed cardboard
may not be recycled.
E. Newsprint. All newsprint shall be bundled pursuant to §
362-7 below.
F. 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.
G. Tires. Tires, as defined in §
362-3, shall be less than 1,100 by 24.5 in size, and removed from rims.
H. Additional materials/standards. Furthermore, additional preparation
standards may be provided by notice to generators of waste or by amendment
to this subsection when other materials become recyclable dependent
upon available economic markets.
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, waxed cardboard, envelopes with gum
labels, glossy paper, and envelopes with plastic windows shall be
considered nonrecyclable paper.
D. Other materials. All other garbage and refuse not qualifying as recyclable
materials.
The following provisions shall apply to all nonhazardous solid
waste generated within the Village of Clyman:
A. Collection standards.
(1) Agreement standards. 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 individuals' private agreements with collectors/haulers unless
such arrangements are unavailable or not required, in which case persons
shall follow these guidelines in their own disposal of solid waste
they generate.
(2) Placement regulations. All nonrecyclable garbage placed curbside
for collection shall be well drained, wrapped and deposited in watertight
containers or watertight bags. No container or bag placed for collection
shall exceed 30 gallons in capacity or 50 pounds in weight unless
dumpsters are available.
(3) Container standards. All refuse and other nonrecyclable materials
placed curbside for collection shall be placed in suitable containers
of not more than 30 gallons in capacity or 50 pounds in weight unless
dumpsters are available. All garbage containers shall be kept in a
neat, clean and sanitary condition at all times. All garbage containers
for residential units shall be of metal, durable plastic, or other
suitable, moisture-resistant materials, including heavy-duty refuse
disposal plastic bags. Metal garbage cans shall be of sufficient thickness
to resist denting during normal handling by collection crews. Plastic
garbage bags shall be securely closed and shall consist of plastic
materials not damaged by freezing and not susceptible to melting.
They shall be capable of being handled during hot and cold weather
without damage during normal handling by collection crews. Plastic
bags shall be of sufficient strength to allow lifting and loading
of contents without tearing.
(4) Refusal to collect. Any bag or container placed curbside for collection
which contains any recyclable material may be refused by the collector/hauler
unless the generator shows good faith. Where dumpsters are used the
collector/hauler may refuse collection from bins containing recyclable
materials unless the owner or generator shows good faith.
(5) Special arrangements for oversize and bulky waste. The Village shall
not provide services or make any special arrangements for collection
of oversize and bulky waste. Such special haul items may be disposed
of by contracting directly with private collectors.
B. Yard wastes. Yard waste must be collected and disposed of properly
within the Village. Grass, leaves and brush shall not be collected
with the intent of disposal at DNR approved sanitary landfills. The
Village 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. Private disposal
of yard waste may include as an option composting on the lot where
no nuisance to others occurs.
C. Recyclable materials.
(1) All recyclable materials shall be separated from other solid waste.
Recyclable materials shall meet preparation standards and persons
shall make good faith efforts to ensure that recyclables are well-drained
and reasonably clean. Recyclables shall be brought to the Village's
Recycling Center.
(2) Newspaper shall be prepared and handled as provided in §
362-7 regarding the recycling of newspaper. 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.
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 or its collection service.
It shall be unlawful to intentionally alter recyclable materials
so as to render them as nonrecyclable material.
It shall be unlawful to bring refuse from outside the Village
of Clyman limits into the Village limits for disposal unless specifically
authorized by written agreement with the Village.
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 area, with continued violations resulting
in the owner being prosecuted under provisions of this and other Village
ordinances.
No persons shall deposit, throw, or place any garbage, offal,
dead animals, combustible refuse or other deleterious matters in any
park, lane, alley, street, public grounds, or public place within
the Village, nor 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
is enclosed in proper vessels or containers which shall be watertight
and kept so with tightly fitting covers.
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 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 for 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.
The owners of commercial, retail, industrial and governmental
facilities shall provide 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 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.
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 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 $50 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.