[HISTORY: Adopted by the Bellevue Board 3-23-1994 (§§ 11.11 to 11.40 of the 1998 Code). Amendments noted where applicable.]
Title. This chapter shall be referred to as the "Recycling Ordinance and Solid Waste Ordinance for the Village of Bellevue."
Purpose. The purpose of this chapter is to further the maintenance of safe and healthful conditions, prevent and control water pollution, and promote the public health, safety and convenience and interests of the residents of the Village of Bellevue, Brown County, State of Wisconsin, by establishing standards covering the location, size, operation and control of the disposal of solid waste material in the Village of Bellevue.
The further purpose of this chapter is to establish regulations that reduce the amount of solid waste and other disposables in landfills and thus protect the public health and welfare and the environment. It is further intended by this chapter to promote recycling, composting and resource recovery to comply with mandatory recycling legislation and implementing regulations enacted by the State of Wisconsin, including Ch. 287, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, as may be amended from time to time. To the extent permitted by law, this chapter is intended to serve as a municipal waste flow control ordinance in conjunction with program activities of Bellevue and the State of Wisconsin. The provisions concerning recyclable materials set forth herein are intended to become effective on April 1, 1994. This chapter may be amended from time to time as determined by the Village.
For recycling, this chapter is adopted as authorized under § 287.09, Wis. Stats.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
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 is required by the Wisconsin Statutes or by a standard in Ch. NR 544, Wis. Adm. Code, and where a provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Ch. 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.
The requirements of this chapter shall apply to all persons within the Village.
This chapter shall take effect on April 1, 1994.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- BIMETAL CONTAINER
- A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
- CONTAINER BOARD
- Corrugated paperboard used in the manufacture of shipping containers and related products.
- CURBSIDE COLLECTION
- The collection of recyclable materials and solid waste at
the curb or roadside and shall include only residential properties,
including mobile homes within a mobile home court and multifamily
residences with four units or fewer, within the Village.[Amended 6-11-1997]
- FOAM POLYSTYRENE PACKAGING
- Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
- High-density polyethylene, labeled by SPI Code No. 2.
- Low-density polyethylene, labeled by SPI Code No. 4.
- Magazines and other materials printed on similar paper.
- MAJOR APPLIANCE
- A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
- MULTIPLE-FAMILY DWELLING
- A property containing five or more residential units, including those which are occupied seasonally.
- A newspaper and other materials printed on newsprint.
- NONRESIDENTIAL FACILITIES AND PROPERTIES
- Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
- OFFICE PAPER
- High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
- OTHER RESINS or MULTIPLE RESINS
- Plastic resins labeled by the SPI Code No. 7.
- Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
- Polyethylene terephthalate, labeled by SPI Code No. 1.
- PLASTIC CONTAINER
- An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
- POST-CONSUMER WASTE
- Solid waste, other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
- Polypropylene, labeled by SPI Code No. 5.
- Polystyrene, labeled by SPI Code No. 6.
- Polyvinyl chloride, labeled by SPI Code No. 3.
- RECYCLABLE MATERIALS
- Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins; steel containers; waste tires; and bimetal containers.
- SINGLE-FAMILY RESIDENCES
- Property containing single-family residences and two to four single-family units, including mobile home parks.
- SOLID WASTE FACILITY
- Has the meaning specified in § 289.01(35), Wis. Stats.
- SOLID WASTE TREATMENT
- Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. Treatment includes incineration.
- WASTE TIRE
- A tire that is no longer suitable for its original purpose because of wear, damage or defect.
- YARD WASTE
- Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:
Lead acid batteries.
Corrugated paper or other container board.
Foam polystyrene packaging.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins.
The separation requirements of § 391-8 do not apply to the following:
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 391-8 from solid waste in as pure a form as is technically feasible.
Solid waste 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.
A recyclable material specified in § 391-8A(5) through (15) for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 391-8 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.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil and yard waste as follows:
Lead acid batteries. Lead acid batteries shall be returned to the dealer from which bought or to a licensed salvage dealer.
Major appliances. Refrigerators, freezers, air conditioners, dehumidifiers, etc., shall be taken to the Brown County Landfill or licensed salvage yard to be recycled. Arrangements may be made with the Village's contracted waste hauler or with a private hauler to transport the item to either of the aforementioned locations. If the Village's contracted waste hauler is used, the individual requesting the service is responsible for paying any and all fees charged by the contractor.
Waste oil. Waste oil shall be returned to an oil dealer or the waste oil dropoff tank at the Village garage, located at 2828 Allouez Avenue.
All waste oil for collection shall be free of all contaminants, solvents, and hazardous materials. Disposal of waste oil shall be permitted at Village designated collection sites. No businesses involved in changing oil shall dispose of any waste oil at the Village's collection site.
As used in this section, "waste oil" means oil to be used in the engine or crank case of a motor vehicle; oil after it is used and removed from the engine or crank case of a motor vehicle, but before that oil is recycled, and "motor vehicle" means any vehicle propelled by an internal combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile, lawn mower, or any vehicle which travels on or off roads or highways.
Yard waste. Yard waste shall be taken to the compost dropoff site as designated by the Village.
Except as otherwise directed by the Village, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 391-8:
Aluminum containers shall be placed in the bin for recycling.
Bimetal containers shall be placed in the bin for recycling.
Corrugated paper or other container board shall be placed in the bin for recycling.
Foam polystyrene packaging shall be placed in the garbage.
Glass containers shall be rinsed and cleaned and placed in the recycling bin.
Magazines shall be placed in the recycling bin.
Newspaper shall be placed in the recycling bin.
Office paper shall be placed in the recycling bin.
Rigid plastic containers shall be prepared and collected as follows:
Plastic containers made of PETE, including soda bottles, shall be rinsed and placed in a recycling bin.
Plastic containers made of HDPE, including milk jugs, shall be rinsed and placed in a recycling bin.
Plastic containers made of PVC shall be placed in the garbage.
Plastic containers made of LDPE shall be placed in the garbage.
Plastic containers made of PP shall be placed in the garbage.
Plastic containers made of PS shall be placed in the garbage.
Steel containers shall be rinsed and placed in a recycling bin.
Waste tires shall be taken to your tire dealer or the east side county landfill for recycling.
Owners or designated agents of multifamily dwellings shall do all of the following to recycle the materials specified in § 391-8A(5) through (15):
Provide adequate, separate containers for the recyclable materials.
Notify tenants, in writing, at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
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.
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.
The requirements do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling materials from solid waste in as pure a form as is technically feasible.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 391-8A(5) through (15):
[Amended 6-11-1997; 4-25-2012 by Ord. No. O-2012-16]
Provide adequate, separate containers for the recyclable materials.
Notify, in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
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.
The requirements do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer 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 § 391-8A(5) through (15) from solid waste in as pure a form as is technically feasible.
No person, firm or corporation, or agent thereof, shall dump or dispose of garbage, rubbish, or refuse, or liquid or solid waste material, including sludge, sewage (excluding animal waste used as fertilizer) or waste liquids of any kind or nature, on any property which is located in the Village, except in conformity with the provisions of this chapter.
No person, firm or corporation, or agent thereof, shall deposit any garbage, rubbish, or refuse material in any privately owned or rented dumpster or trash receptacle without the permission of the owner or lessee of the dumpster.
No person, firm or corporation, or agent thereof, shall deposit any garbage, rubbish, or refuse material in any publicly owned or rented dumpster or trash receptacle, except for such garbage, rubbish, or refuse material which is generated while using publicly owned lands for their intended purpose, or with the permission of the Village.
[Amended 6-11-1997; 4-25-2012 by Ord. No. O-2012-16]
Commercial/industrial waste and construction/demolition waste. Commercial/industrial waste and construction/demolition waste shall be collected by private contract by the owner. This waste shall be collected in such manner and frequency as needed to protect the public safety and welfare of the Village.
Yard waste and brush pickup. Yard waste and brush shall be delivered to a site as designated by the Village and disposed of in the following manner:
All yard waste shall be separated from all other refuse. Yard waste shall be disposed of or placed for collection only in compliance with rules and regulations as established by the Village. Disposal or dumping of yard waste on any public premises or road right-of-way or upon any private lands not in compliance with rules and regulations is hereby prohibited and subject to the penalties of this chapter.
Brush pickup shall be provided by the Village of Bellevue for two weeks in the spring and two weeks in the fall in accordance to the following provisions:
Brush shall be placed curbside or roadside, as directed by the Director of Public Works, not more than one week prior to the scheduled pickup.
Branches shall be cut in lengths not exceeding 10 feet nor less than three feet.
Branches shall be no larger than six inches in diameter and not exceeding 100 pounds.
Brush shall be stacked and arranged by size parallel to the curb to permit efficient handling and loading.
Brush shall not be mixed with other material. (Garden debris, garbage, etc., will not be picked up.)
Brush disposal outside the pickup times is permitted by the property owner at the Village compost site in accordance with the rules of the site.
Compost site operations.
The Village owns and operates a licensed facility in accordance with Ch. NR 502, Wis. Adm. Code.
Only Village residents shall drop off allowed materials at the site without a fee.
Private contractors shall obtain a permit and submit the fee as established by the Village of Bellevue before disposing any yard waste or brush. Fees may be updated by resolution approval of the Village Board.
Domestic waste shall be collected by the Village on a weekly basis. Further regulations concerning the collection of domestic waste shall be as follows:
All domestic waste shall be drained and only kept in containers supplied by the contracted refuse hauler.
Hot cinders, ashes, or any smoldering embers shall not be placed in any collection. Ashes shall not be placed in cardboard or paper containers but shall be placed in a container of type and composition suitable for handling. All cinders, ashes, or embers shall be placed in noncombustible containers of a suitable size and weight.
All containers for the storage and collection of domestic waste shall be maintained in such a manner as to prevent the creation of a nuisance to public health and safety. Containers shall not be overfilled such that the lids are partially opened.
All containers shall be provided by the contracted refuse hauler to the owner of the residence. Containers shall be the property of the vendor and not removed from the property for any reason.
The owners shall keep the containers clean and in a sanitary condition. Maintenance and repair of all containers shall be the responsibility of the vendor.
Animal feces shall be properly disposed of by placing in a sealed plastic bag or container such that it is not openly exposed to the collection crews, then placing it in the refuse containers.
All domestic waste shall be separated from all other waste and placed by the owner at the curb or roadside. Stones, concrete, dirt, antifreeze, medical waste and hazardous substances are not allowed in the solid waste stream and are or will be banned materials from landfilling and incineration and shall not be picked up. Any container with such prohibited materials shall not be picked up. Such waste shall be disposed of by the owner at the Brown County Hazardous Waste Center.
The owner and occupant of any residence shall be responsible for proper and sanitary storage of all domestic waste accumulated at that residence until collected by the collecting and transporting service. Owners are not allowed to place additional waste outside the containers at the curb.
Domestic waste shall be prepared for collection and placed at the curbside prior to 7:00 a.m. on the scheduled day of collection, each week. Any containers, when placed in front of the residence, shall not be placed more than 12 hours before collection date and shall be removed by 12:00 midnight on the date of collection. Containers left at the curb beyond 12:00 midnight shall be in violation of this chapter.
Further rules and regulations concerning the collection, storage, and disposal of domestic waste shall be as set forth in the Village Board's rules and regulations as established by the Village Board from time to time.
Bulky waste. Bulky waste shall be collected only after special arrangements have been made by the owner of the Village residence with the refuse hauling contractor for pickup of the bulky waste item. The cost for pickup of bulky waste shall be at owner's expense.
All recyclable waste shall be separate from all other waste. No recyclable waste item shall be mixed with any other waste (i.e., domestic waste, yard waste, commercial/industrial waste, bulky waste, or construction/demolition waste).
All recyclable waste shall be prepared for collection and placed at the curbside in the approved container prior to 7:00 a.m. on the scheduled day of collection. All recyclable waste shall be placed in the Village recycling bins. Recycling bin container shall not be placed more than 12 hours before collection day and shall be removed by 12:00 midnight on the day of collection. Recycling bin containers left at the curb beyond 12:00 midnight shall be in violation of this chapter.
Recyclable waste shall be collected as scheduled by the Village on a biweekly basis.
The residential owner of the recycling bin container shall keep the container clean and in a sanitary condition. Maintenance, repair and replacement of the recycling bin container shall be the responsibility of the contracted waste hauler. Additional recycling bin containers may be purchased from the Village at a cost as determined by the Village.
The collection of all recyclable waste shall be in conformity with rules and regulations as established by the Village Board from time to time. Disposal or dumping of recyclable waste not in compliance with the Village Board's rules and regulations is hereby prohibited and subject to penalties as set forth in this chapter.
If recyclable waste is not prepared according to the provisions of this chapter or is not placed in the recyclable bin containers, then pickup shall not be made until the condition is remedied and compliance has been made with this chapter.
Recyclable waste shall be separate from domestic waste, and in the event any recyclable waste material is mixed with domestic waste, then the mixed recyclable waste/domestic waste material shall not be picked up.
No private dump site shall be allowed in the Village.
No person residing outside the Village limits shall bring into the Village for disposal or collection any solid waste, yard waste, waste oil, tires, bulky waste, or any banned landfill material.
No person shall throw, place or deposit any solid waste or yard waste in any street, alley, public place, or private property within the Village limits except in proper containers for disposal and collection as described herein.
No person shall operate a vehicle on a Village road or other road in the Village of Bellevue unless such vehicle is so constructed, loaded and covered or secured as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
It shall be unlawful for any person to throw, deposit, or distribute any domestic waste, recyclable waste, yard waste, bulky waste, construction/demolition waste, or commercial/industrial waste on or along any roadway within the limits of the Village.
Christmas trees shall be dropped off at the Village compost site and disposed of in area designated.
The Village Board shall establish a user fee for curbside collection services provided. Billing will be done on a monthly basis on a per-dwelling-unit fee. Any unpaid bills will be added to the property taxes pursuant to § 66.0627, Wis. Stats.
Newly constructed dwelling units or any new residential user of collection services shall be charged on a prorated per dwelling unit fee for the balance of the calendar year for which service is to be rendered.
For any curbside collection services provided, user fees for such services shall be billed within 24 months after the date of service. For any services provided for which a user fee was or was not charged, billing or credits for such services shall be issued up to 24 months from the date of discovery of such error.
[Added 1-27-2016 by Ord. No. O-2016-01]
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 391-8A(5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
Hauler licensing. No person, firm or corporation shall engage in the business of hauling recyclables or solid waste within the Village without first being licensed by the Wisconsin Department of Natural Resources (DNR) under the provisions of § NR 502.06, Wis. Adm. Code.
Processing facilities. A hauler operating in the Village shall not transport any recyclables for processing to a processing facility or solid waste to a landfill unless that facility has been approved, in writing, by the Village and by January 1, 1995, the facility has self-certified with the State DNR under § NR 544.16, Wis. Adm. Code.
Right to reject materials. A hauler has the right to reject or leave at the premises any recyclable material that is not prepared according to the specifications as set forth in educational materials provided by the hauler to his, her or its service recipients, or if it is not separated from solid waste, placed in a proper container, or is not designated as recyclable material for collection. A hauler has the right to refuse to pick up any solid waste if it contains recyclable containers and/or material. In every such case, the hauler or attendant shall notify, in writing, the generator of the materials of the reasons for rejecting the items. The hauler shall keep a list of all such occurrences and provide a copy of it to the Village not less often than semiannually.
Hauler permit. Each hauler who collects solid waste or recyclables in the Village for storage, treatment, processing, marketing or disposal shall obtain and maintain all necessary municipal and state permits, licenses, insurance and approval prior to collecting any materials in the Village.
Reporting requirements. Every recycling hauler and/or processor operating in the Village is required to maintain records and report, in writing, to the Village Administrator not less often than semiannually. Reports shall include, but not be limited to, the amount of solid waste and recyclables collected in and transported from the Village; the amount of solid waste and recyclables from the Village which have been processed and/or marketed, by item type; and the final disposal location of solid waste and recyclable material. A failure to timely report shall be cause for the Village to revoke any license or permit and to sever any contract it has with the hauler and/or processor.
[Amended 7-9-2014 by Ord. No. O-2014-12]
Private collector's permit. No person, firm or corporation, except employees of the Village who are then employed in the regular course of their employment, shall collect or transport solid waste or recyclable materials in the Village without first obtaining a permit from the Village. Each permit shall bear a number corresponding with the license plate issued to, and which shall be prominently displayed on the vehicle used.
Transportation nuisance. No person, firm or corporation shall transport any solid waste or recyclable material in any vehicle unless the vehicle is operated and constructed in such a manner that its contents shall not blow, scatter, leak, or spill in, on or upon any street or alley or otherwise create a nuisance.
[Amended 7-9-2014 by Ord. No. O-2014-12]
The license fee for any one calendar year or any fraction thereof shall be as provided in the Village Fee Schedule for the first vehicle and as provided in the Village Fee Schedule for each additional vehicle operated by such person, firm or corporation.
[Amended 4-25-2012 by Ord. No. O-2012-16]
Chapters SPS 301 to 500, Wis. Adm. Code, are hereby adopted by reference and made a part hereof, the same as if they were set forth in full herein. Any violation of any part or provision thereof shall be a violation of this chapter.
Every landowner and land user of a building or facility as described in Chs. SPS 361 to 366 and SPS 375 to 379, Wis. Adm. Code, and the construction of which is completed or which is remodeled, or which is expanded by 50% or more in floor area, after the effective date of this chapter, shall provide an adequate designated area for the separation of recyclables, either within or adjacent to the building.
Every single-family dwelling shall have adequate facilities for temporary storage of rubbish, garbage, solid wastes and recyclables. Every owner and/or operator of a building which contains more than one dwelling unit, or a nursing unit, shall provide adequate facilities for the separation, temporary storage and collection of solid waste and recyclables.
For the purpose of ascertaining compliance with the provision of this chapter, any authorized officer, employee or representative of the Village may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the Village who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
[Amended 4-25-2012 by Ord. No. O-2012-16]
Except as otherwise provided, any person found to be in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue, plus the cost of related remediation.