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:
A.
Is designed for serving food or beverages.
B.
Consists of loose particles intended to fill space and cushion
the packaged article in a shipping container.
C.
Consists of rigid material shaped to hold and cushion a packaged
article in a shipping container.
HDPE
High-density polyethylene, labeled by SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including
those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
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.
PERSON
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.
PETE
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.
PP
Polypropylene, labeled by SPI Code No. 5.
PS
Polystyrene, labeled by SPI Code No. 6.
PVC
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
Has the meaning specified in § 289.01(33), 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:
G. Corrugated paper or other container board.
H. Foam polystyrene packaging.
M. 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:
A. 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.
B. 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.
C. 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:
A. Lead acid batteries. Lead acid batteries shall be returned to the
dealer from which bought or to a licensed salvage dealer.
B. 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.
C. 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.
(1) 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.
(2) 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.
D. 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:
A. Aluminum containers shall be placed in the bin for recycling.
B. Bimetal containers shall be placed in the bin for recycling.
C. Corrugated paper or other container board shall be placed in the
bin for recycling.
D. Foam polystyrene packaging shall be placed in the garbage.
E. Glass containers shall be rinsed and cleaned and placed in the recycling
bin.
F. Magazines shall be placed in the recycling bin.
G. Newspaper shall be placed in the recycling bin.
H. Office paper shall be placed in the recycling bin.
I. Rigid plastic containers shall be prepared and collected as follows:
(1) Plastic containers made of PETE, including soda bottles, shall be
rinsed and placed in a recycling bin.
(2) Plastic containers made of HDPE, including milk jugs, shall be rinsed
and placed in a recycling bin.
(3) Plastic containers made of PVC shall be placed in the garbage.
(4) Plastic containers made of LDPE shall be placed in the garbage.
(5) Plastic containers made of PP shall be placed in the garbage.
(6) Plastic containers made of PS shall be placed in the garbage.
J. Steel containers shall be rinsed and placed in a recycling bin.
K. Waste tires shall be taken to your tire dealer or the east side county
landfill for recycling.
[Amended 6-11-1997; 4-25-2012 by Ord. No.
O-2012-16]
A. 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.
B. 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:
(1) 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.
(2) 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:
(a)
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.
(b)
Branches shall be cut in lengths not exceeding 10 feet nor less
than three feet.
(c)
Branches shall be no larger than six inches in diameter and
not exceeding 100 pounds.
(d)
Brush shall be stacked and arranged by size parallel to the
curb to permit efficient handling and loading.
(e)
Brush shall not be mixed with other material. (Garden debris,
garbage, etc., will not be picked up.)
(3) 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.
(4) Compost site operations.
(a)
The Village owns and operates a licensed facility in accordance
with Ch. NR 502, Wis. Adm. Code.
(b)
Only Village residents shall drop off allowed materials at the
site without a fee.
[1]
Allowed materials include:
[a] Branches less than six inches in diameter.
[2]
Materials not allowed.
[c] Bags, construction materials and tree stumps.
(c)
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.
(d)
Violating this Subsection
B shall result in a fine in accordance with §
1-4 of the Code of the Village of Bellevue.
C. Domestic waste.
(1) Domestic waste shall be collected by the Village on a weekly basis.
Further regulations concerning the collection of domestic waste shall
be as follows:
(a)
All domestic waste shall be drained and only kept in containers
supplied by the contracted refuse hauler.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
D. 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.
E. Recyclable waste.
(1) 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).
(2) 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.
(3) Recyclable waste shall be collected as scheduled by the Village on
a biweekly basis.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
Christmas trees shall be dropped off at the Village compost
site and disposed of in area designated.
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.
[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]
A. 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.
B. 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.