[HISTORY: Adopted by the Village Board of the Village of
Hobart as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 185.
[Adopted as § 10.0 of the 2000 Code]
A.
Upon enactment, this article shall regulate, apply to and govern
all persons or locations engaged in or encompassing the transportation,
disposal, storage and treatment of solid waste in the Village of Hobart
(Village), including upon Village roads. Such transportation, disposal,
storage or treatment shall be permitted only under the terms and conditions
set forth by this article.
B.
The following shall not be deemed to come within the scope of this
article:
(1)
Transportation, disposal, storage or treatment of animal waste resulting
from an agricultural enterprise located within the Village.
(2)
Solid or hazardous waste facilities (collectively, "facilities")
within the Village that are or were licensed by the Wisconsin Department
of Natural Resources (DNR) and in operation on the date of adoption
of this article or when this article is specified as not applicable
under Chapter 289, Wis. Stats., or a negotiated agreement or arbitration
award thereunder. However, expansion of these existing facilities
shall be within the scope of this article.
(3)
Sanitary privies, seepage beds, septic tanks, wastewater, wastewater
treatment sludge and the disposal and transportation of human waste
products in the Village.
C.
ACTIVE FILL AREA
APPLICANT
CLOSURE or FINAL CLOSURE
DNR
DISPOSE, DISPOSING or DISPOSAL
EMERGENCY or EMERGENCIES
EXPANSION
GARBAGE
GENERATE, GENERATING, GENERATED
HAZARDOUS WASTE
HAZARDOUS WASTE FACILITY
INCINERATING, INCINERATORS or INCINERATION
LANDSPREADING
LEACHATE
LONG-TERM CARE
MINING SOLID WASTE
OPEN BURNING
POLYCHLORINATED BIPHENYLS (PCBS)
PERSON
PRINCIPAL STRUCTURE
PROCESSING
RECOVERABLE SOLID WASTE
REMEDIAL ACTION
REMOVAL ACTION
SLUDGE
SOLID WASTE
SOLID WASTE FACILITY
STORE, STORING or STORAGE
TREAT, TREATING or TREATMENT
The following definitions shall apply to this article unless a different
meaning appears from the context:
The cells designed and constructed at the facility that are
to be used for disposal of solid waste.
A person applying for a license under this article to construct,
operate or maintain a facility for the disposal, treatment or storage
of solid waste or for the transportation of solid waste on any Village
road.
The date when no further solid waste may be accepted at the
facility pursuant to any license issued under this article or any
license, plan or operation or plan or order of closure of the DNR,
whichever date is earlier.
The Wisconsin Department of Natural Resources or its successor
agency.
The discharge, deposit, injection, dumping, placing, littering,
discarding, burying, throwing, emitting, emptying or abandoning of
any solid waste, into or on any private or public land or on or into
any water or air within the Village. This term does not include the
storage or treatment of solid waste.
An unforeseen circumstance that jeopardizes the public health
or safety or the property of the Village or its residents.
An increase in licensed capacity for disposal, treatment
or storage of solid waste at an existing facility, at or adjacent
to the existing facility.
Discarded putrescible animal or vegetable refuse resulting
from the handling, serving, preparing, processing, storing or consuming
of food.
The act or process that results in the formation of solid
waste or by-products.
Any solid waste, including petroleum products or substances,
and which meets the definition of hazardous waste in Chapter 289,
Wis. Stats., its successor chapters, the Federal Resource Conservation
and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), Toxic Substance Control Act (TSCA), Clean
Air Act (CAA) or identified as hazardous waste by any regulations
established by the DNR or the United States Environmental Protection
Agency (USEPA).[1]
A facility for the treatment, storage or disposal of hazardous
waste and includes the land where the facility is located.
Any technique or process of controlled burning of solid waste
primarily to achieve volume reduction and/or to change waste characteristics
or capture the heat content of the burnables but does not include
open burning.
The disposal of solid waste in thin layers onto the land
surface and/or the incorporation into the top several feet of the
surface soil for agricultural, silvicultural and/or solid waste disposal
purposes.
Water or other liquid which has been contaminated by dissolved
or suspended materials due to contact with solid waste or gases therefrom.
The routine care, maintenance and monitoring of a facility
after closure.
All waste soil, rock, mineral, liquid, vegetation and other
material, except merchantable by-products, directly resulting from
or displaced by prospecting or mining or from the beneficiating, concentrating
or refining of minerals and shall include all waste materials from
other sources deposited on or in a prospecting or mining site.
Combustion of solid waste where the products of combustion
are emitted directly to the ambient air without passing through a
stack or chimney. "Open burning" does not include the combustion of
solid waste occurring at a properly operated and licensed air curtain
destructor or incinerator.
The class of organic compounds generally known as polychlorinated
biphenyls and includes any of several compounds or mixtures of compounds
produced by replacing two or more hydrogen atoms on the biphenyl molecule
with chlorine atoms.
Any natural individual, firm, sole proprietorship, trust,
partnership, association, corporation or municipality, and also means
any responsible member, officer, agent, and employee thereof.
A residential use, the primary residential building, facility
or structure designed for and used for single-family dwelling or designed
and used as apartments, including any building, facility or structure
which is accessory to or incidental to the primary residential building,
facility or structure. At locations containing no residential use,
the principal structure shall be the primary building, facility or
structure designed for and used by the majority of the public for
resort, employment, assemblage, lodging, trade, traffic or occupancy,
including any building, facility or structure which is accessory to
and incidental to the primary building, facility or structure.
Any technique used to facilitate or further transform, shape,
compact or utilize solid waste, to wit: techniques such as baling,
shredding, pulverizing, composting or separating.
Solid waste which through separation, processing or incineration
will be converted into usable materials, products or energy.
Those actions consistent with a permanent remedy in the event
of a release or threatened release of solid waste (release) into the
environment, to prevent, ameliorate or minimize the release so that
the contaminants do not migrate to cause substantial danger to present
or future public health or welfare or to the environment. The term
includes but is not limited to such actions at the location of the
release, storage or confinement by perimeter protection using dikes,
trenches or ditches, placing of a clay cover, neutralization, removal
of released wastes, recycling or reuse, diversion, destruction, segregation,
dredging or excavation, repair or replacement of leaking containers,
collection of leachate and runoff, on-site treatment or incineration,
the providing of alternative water supplies, and any monitoring of
the groundwater, surface waste or air reasonably required to assure
that such actions protect the public health and welfare or the environment.
The term also includes the permanent relocation of residents where
the Village determines such relocation is more cost-effective than,
and environmentally preferable to, the transportation, storage, treatment,
destruction or secure disposition off-site of hazardous wastes.
The short-term actions to mitigate, contain or remove released
substances for off-site treatment, storage or disposal and such other
actions as may be necessary in the event of release to monitor, assess
and evaluate the release. The term also includes, without being limited
to, security fencing or other measures to limit access to a facility
or operations related thereto, the providing of temporary alternative
water supplies to residents of the Village, temporary evacuation and
housing of residents of the Village.
Any solid, semisolid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply
treatment plant or air pollution control facility or any other waste
having similar physical characteristics.
Any nonhazardous waste identified as garbage, ash, litter,
rubbish, refuse or putrescible material and other discarded or salvageable
materials, including solid, liquid, semisolid, or contained gaseous
materials resulting from industrial, commercial, mining and agricultural
operations, and from community activities which are not hazardous
wastes. Solid waste does not include hazardous wastes, mining solid
waste, solids or dissolved material in domestic sewage, or solid or
dissolved materials in irrigation return flows or industrial discharges
which are point sources subject to permits under Chapter 147, Wis.
Stats., or its successor chapter or source, special nuclear radioactive
material or by-product material as defined under § 254.31,
Wis. Stats., or its successor provisions.[2]
A facility in the Village for solid waste treatment, storage
or disposal, and includes commercial, industrial, municipal, state
and federal establishments or operations such as, without limitation
because of enumeration, sanitary landfills, dumps, demotion facilities,
land disposal sites, incinerators, transfer stations, storage facilities,
collection and transportation operations and processing, treatment
and recovery facilities. This term includes the land where the facility
is located. This term does not include a hazardous waste facility.
This term does not include: a facility for the processing of scrap
iron, steel or nonferrous metal using large machines to produce a
principal product of scrap metal for sale or use for remelting purposes;
a facility which uses large machines to sort, grade, compact or bale
clean wastepaper, fibers or plastics, not mixed with other solid waste,
for sale or use for recycling purposes; or an auto junkyard, scrap
metal salvage yard or a facility for the processing of minerals or
mining refuse.
The accumulating or holding of solid waste for a period exceeding
90 days.
Any technique or process which is designed to change the
physical, chemical or biological character or complexion of solid
waste. "Treatment" includes incineration.
A person (person), who is a resident residing within the Village,
or a person who is occupying a residential, commercial or industrial
site located within the Village, shall remove from the residence or
site for storage, disposal or treatment at a solid waste facility,
that solid waste which is generated at the residence or site at least
every month, unless the solid waste is processed at the residence
or site consistent with this article or unless such solid waste is
placed in appropriate solid waste collection containers and accumulated
in such manner as to not create a private or public nuisance. A person
shall remove from the residence or site for storage, disposal or treatment
to a facility all other solid waste which is generated at the residence
or site as follows: at least once per month, if the solid waste is
accumulated inside the principal structure; or once every two weeks
if the solid waste is accumulated outside the principal structure.
No person shall dispose, store or treat within the Village any solid waste, except as noted in § 248-2 and as follows:
A.
A person may dispose, store or treat solid waste at a facility located
within the Village, only if the facility is validly licensed by the
Village for the disposal, storage or treatment of the type of solid
waste being transported to or generated at the facility.
B.
Off-site collection.
(1)
A person who is a resident within the Village or a person who is
occupying a residential, commercial or industrial site located within
the Village, may dispose and accumulate solid waste which has been
generated at the residence or at the site in authorized solid waste
collection containers not located at the residence or the site, but
located within the Village, if the Village by ordinance:
(a)
Authorizes disposal and storage of solid waste in off-site solid
waste collection containers;
(b)
Establishes the type, amount and source of solid waste authorized
for disposal and storage in these off-site containers;
(c)
Establishes requirements to regulate and control the disposal,
storage, collection and transportation of solid waste at these off-site
solid waste containers; and
(d)
Approves the site locations for such off-site solid waste collection
containers.
(2)
A person who disposes or stores solid waste under this provision
shall fully comply with any applicable licenses, permits, conditions,
regulations or requirements as may be established by the Village through
ordinance or permit condition and any other more stringent condition
established by the owner or operator of the off-site collection containers.
C.
A person who resides within the Village may dispose at the residence or accumulate in solid waste collection containers at the residence, garbage and other solid waste generated at the residence when in compliance with § 248-2, federal and state laws and regulations by this article and by any other ordinance established by the Village. For the purposes of this subsection only, "disposal" may consist of open burning, provided such burning does not create nuisance conditions or is contrary to county or state laws, ordinances or regulations.
D.
A person who is occupying a residential, commercial or industrial site located within the Village may dispose at the site or accumulate in solid waste collection containers at the site, garbage and other solid waste generated at the site, when in compliance with § 248-2.
E.
A person who is a resident within the Village or a person who is
occupying a residential, commercial or industrial site located within
the Village may dispose and accumulate authorized recyclable solid
waste, which has been generated at the residence or at the site, at
authorized off-site recycling centers within the Village, if the Village
by ordinance:
(1)
Authorizes the disposal and accumulation of off-site recyclable solid
waste;
(2)
Establishes the type, source and amount of recyclable solid wastes
authorized for disposal and accumulation at the off-site recycling
centers;
(3)
Establishes requirements to regulate and control the disposal, accumulation,
storage, collection and transportation of solid waste at these off-site
recycling centers; and
(4)
Approves the site locations for such off-site authorized recycling
centers.
F.
A person who resides within the Village or a person who is occupying
a residential, commercial or industrial site located within the Village
may dispose and treat solid waste, including by landspreading, incinerating
or processing the solid waste at the residence or at the site if the
landspreading, incinerating or processing does not create a public
or private nuisance and if the quantity of solid waste that is landspread,
incinerated or processed was generated exclusively at the residence
or at the site. Landspreading activities exempt under state law or
regulations shall be exempt from this article.
G.
No person shall dispose, store or treat any solid waste within the Village, except as provided in § 248-2, and except as provided in the above noted Subsection F, unless the person has received and complies with a valid license for a facility from the Village Board and the license specifically authorizes disposal, storage or treatment operations at the facility. Each license issued pursuant to this article shall contain as a condition thereof that the license incorporates and the licensee shall fully comply with all federal and state licenses, permits, conditions thereof, regulations and laws pertaining to the facility. In the event of a conflict, the most stringent condition of any federal, state or Village license, permit, regulation, law or ordinance shall apply.
H.
Any person disposing, storing, treating, any solid waste in the Village,
except as authorized by this article, shall notify the Village Clerk-Treasurer
in writing within 24 hours of knowledge of such occurrence and shall
detail in this notification the time, place and possible cause or
causes of such occurrence, and the type, source and amount of solid
waste involved in this occurrence. Upon knowledge of such occurrence,
the person shall immediately take all actions appropriate and necessary
to restore the environment to its prior condition, to minimize any
harmful effects from such occurrences to the Village and its residents
and to comply with any orders or regulations of the DNR, USEPA and
any other state or federal agency having jurisdiction in the matter.
A.
No person shall dispose, store or treat any polychlorinated biphenyls
(PCBs), any chlorinated dibenzo-dioxins and dibenzofurans (dioxins)
or any radioactive material within the Village.
B.
No person shall dispose, store or treat any other hazardous waste
within the Village, except as follows:
(1)
A person who resides within the Village or a person who is occupying
a residential, commercial or industrial site located within the Village,
may accumulate in aboveground containers or store in aboveground tanks
at the residence or at the site, hazardous waste, if the hazardous
waste has been generated at the residence or at the site and if:
(a)
The person removes the hazardous waste from the residence or
site within 90 days of generation and transports the hazardous waste
for disposal, storage or treatment to a hazardous waste facility licensed
by the DNR or by the USEPA;
(b)
The person holds the accumulated hazardous waste in an area
at the residence or at the site that is entirely enclosed or roofed
structure with limited or restricted access; and
(c)
The person holds the accumulated hazardous waste in an area
that does not exceed 1,500 square feet.
C.
No person may dispose, store or treat any hazardous waste within the Village, except as provided in Subsection B, unless the person has received and is in compliance with a valid license for a hazardous waste facility from the Village. The license must specifically authorize the disposal, storage or treatment of the hazardous waste at the facility.
No person shall construct, maintain or operate a solid waste
facility for disposal, storage or treatment of solid waste within
the Village, unless the person has received a valid license from the
Village Board specifically authorizing construction, maintenance and
operation of a solid waste facility. Upon issuance of the license,
the licensee shall fully comply with conditions therein.
No person shall construct, maintain or operate the waste handling
portion of a hazardous waste facility for disposal, storage or treatment
of solid waste within the Village limits, unless the person has received
a license from the Village Board authorizing the construction, maintenance
or operation of the hazardous waste facility. Upon issuance of the
license, the licensee shall fully comply with conditions therein.
A.
Applications for the licensing of a facility under this article shall
be filed by the applicant with the Village Clerk-Treasurer in writing
on a form provided by the Village Clerk-Treasurer and accompanied
by the initial application fee which shall be in the amount of $5,000,
unless waived or reduced by the Village Board. No application shall
be accepted by Village Clerk-Treasurer until the applicant has submitted
and has had approved by the DNR an initial site report and feasibility
report required pursuant to Chapter 289, Wis. Stats., Solid Waste
Facilities, or its successor chapters. In addition, the Village Board
may charge the applicant an additional application fee to fully or
partially reimburse the Village for appropriate and necessary costs
and expenses incurred by the Village in the processing of the application,
including, but not limited, to costs and reasonable expenses incurred
by the Village for attorneys' fees and experts' fees related
to the application process. As a further condition of a license, including
a license for transportation issued under § 248-30A(1),
the Village Board may require the applicant to show that all claims
by owners of property for compensation due to the diminished value
of property located within a one-mile radius of the facility caused
by the presence, operation or closure requirements placed on the facility
have been compromised or will be resolved by adjudication before the
effective date of the license. The total application fees to the applicant,
including the initial application fee, shall not, however, exceed
$20,000 for any application. A license is not assignable. All information
provided in the application shall be accompanied by a sworn statement,
under oath or affirmation, by the applicant, stating that the information
provided within the application was obtained under this supervision
and direction, after diligent inquiry, and is true and factual to
the best of his knowledge and belief.[1]
B.
No license shall be issued or be effective unless there is on file
with the Village Clerk-Treasurer a cash bond or a bond with a corporate
surety, duly licensed in the State of Wisconsin, in penal amount of
$200,000 to assure that:
(1)
The applicant and its representatives, agents and assigns will comply
with all the terms, conditions, provisions, requirements, commitments,
indemnifications and specifications contained in this article, any
license issued thereunder or any sworn statement signed by the applicant
pursuant to this article.
(2)
If a corporate bond is offered, it shall be executed by a company
authorized to transact business in the State of Wisconsin. If a cash
bond is offered, it shall be deposited with the Village Clerk-Treasurer,
who shall give an official receipt therefor reciting that said cash
has been deposited in compliance with and subject to provisions of
this article.
(3)
Failure by the applicant to maintain the approved bond, during the
period of the license, shall automatically terminate the license.
Upon the failure to maintain the approved bond by the applicant, the
Village Board shall have the right to obtain a court order that will
terminate any future disposal, storage or treatment operations (collectively
"operations") and that will require immediate final closure of the
facility.
|
Before acceptance of the bond, the bond shall be approved by
the Village Board.
|
C.
Prior to any general public hearing on the application for license,
the Village Board shall examine the application and any other plans
or pertinent information submitted by the applicant. The Village Board
shall then commence investigation of the proposed facility.
(1)
The Village Board shall also determine whether or not the granting
of a license in the location described in the application would be
a violation of any zoning regulations of the Village or the county
or create a hazard, nuisance or detriment to the public health or
safety to the residents of the Village. The Village Board shall also
determine what, if any, effects or impacts such proposed facility
may have for the future upon the character of the local neighborhood,
traffic conditions, municipal services and costs, public utility needs,
and any other effects and impacts pertinent to the short-term and
long-term health, environmental, financial, safety and welfare conditions
of the Village and its residents.
(2)
Prior to issuance or denial of any license and at least 90 days after
the Village Board deems the application for license complete, the
Village approves the financial surety and receives the initial application
fee from the applicant, there shall be a general public hearing on
the application for a license.
(3)
The general public hearing shall be conducted under the following
terms:
(a)
A notice shall be given as a Class 3 notice as described in
§ 985.07, Wis. Stats., or its successor provision.
(b)
The cost of publication of any such notice shall be deposited
and paid by the applicant in advance of publication to the Village
Clerk-Treasurer.
(c)
A general public hearing shall be held on the date specified
in the notice or any adjourned date; however, such general public
hearing shall be merely advisory to the Village Board in regard to
any determination which may later be made upon any such application
for license.
(d)
The applicant shall have the right to appear at the public hearing
and to describe orally and with written documentation the proposed
facility. The applicant and the Village may be represented by legal
counsel and may present evidence with any witnesses. The testimony
of all witnesses is subject to examination and cross-examination under
oath. The public hearing may, upon request by the applicant or the
Village Board, be recorded, with any expense for the recording to
be paid by the applicant.
D.
The application for license shall be acted upon by the Village Board
within 60 days after the general public hearing, except that if the
Board adopts a siting resolution under § 289.33, Wis. Stats.,
or its successor provisions. The sixty-day period for acting upon
the application as noted above shall not be applicable until a negotiated
written agreement has been signed and approved by all necessary parties
under § 289.33, Wis. Stats., or its successor provisions,
or until an arbitration aware by the Wisconsin Waste Facility Siting
Board or its successor agency has been received in writing by the
Village Board.[2]
E.
The Village Board shall evaluate the proposed license for the facility
and any conditions to be attached to the license based on information
provided in the application, additional written information requested
of the applicant by the Village Board, the evidence elicited at the
general public hearing and other pertinent information received from
the applicant, any county, state or federal agency or from any other
interested persons. The Village Board shall specifically consider
the following in its determination on licensure and any conditions
which may be attached to the license:
(1)
Reports and recommendations received by the Village Board from other
units or agencies of federal or state government and any agent, counsel
or expert employed or retained by the Village.
(2)
The potential short-term and long-term effects and impacts of the
proposed facility based on the proposed location, including its effects
or impact on the following:
(a)
Existing roads, bridges, traffic flow, traffic patterns, exits,
designated access routes (both primary and secondary);
(b)
Surface water quality and drainage;
(c)
Groundwater quality and public and private drinking water quality;
(d)
Air quality;
(e)
Adjacent wetlands, floodplains, forests, agricultural and unique
lands, and existing topography and vegetation;
(f)
Current and future land uses and land values;
(g)
Soil erosion;
(h)
Village and county zoning and Village and county planning;
(i)
Village appropriations and revenues;
(j)
Public safety and health of the Village residents;
(k)
Existing wildlife habitat and existing domestic animals.
(3)
The potential for the applicant, based on the application submitted,
to fully comply with the conditions and regulations enumerated in
this article and with all of the conditions included in the license.
F.
Relicensing or transfer.
(1)
All licenses and the conditions written thereunder issued to the
applicant shall be effective and issued for the period from July 1
to June 30 of the next year. The applicant shall reapply to the Village
Clerk-Treasurer for the annual license at least 120 days in advance
of the June 30 deadline. The filing procedure and fees established
for reapplication and reissuance shall be the same as the initial
application process. Upon determination by Village Board that the
reapplication is complete, the Village Board may waive the requirements
for public hearing and waive or reduce the application fee.
(2)
The license shall not be transferable. Any transfer of ownership,
operation, maintenance or possession or control of the facility by
the applicant shall automatically terminate the license. No license
shall be issued or reissued by the Village until sufficient proof
has been provided to the Village Board by the applicant that only
the applicant will operate and maintain the facility during the licensure
period.
(3)
The license shall not be deemed reissued until the Village Clerk-Treasurer
receives the relicensing fee, written acknowledgment of the receipt
of the reissued license by the applicant and written acknowledgement
by the applicant of the applicant's intent to comply with this
article, the reissued license and each condition attached to the reissued
license. Failure by the applicant to submit written acknowledgment
or agreement to fully comply within 15 days of receipt shall be deemed
as withdrawal of reapplication by the applicant.
A.
Any license issued to an applicant under provisions of this article
may be revoked by the Village Board for any violation of the facility's
license related to operations, mishandling or willful or grossly negligent
release of solid waste or violations of this article. Revocation will
only be effective after a public hearing has been held by the Village
Board upon a published Class 1 Notice as defined in § 985.07,
Wis. Stats., or its successor provisions. No hearing shall be required
for termination of the license due to failure of the applicant to
maintain the approved bond, provide written acknowledgement of intent
to comply with the license or the transfer or assignment by the applicant
of ownership, operation, maintenance, possession or control of the
facility. The Village Board may, if necessary, seek to enforce this
article or any license issued under it through court order enjoining
any person or applicant from continued or future construction, operation,
maintenance, transportation, storage, treatment or disposal of solid
waste at the facility, including where the person or applicant has
violated any condition of the license or this article or has caused
or contributed to a public nuisance at or near the facility.
B.
Any proper appeal by a person for revocation by the Village Board
of a license shall be reviewed as provided in Chapter 68, Wis. Stats.,
or its successor provisions.
The following general article provisions shall be applicable
to persons constructing, operating, maintaining, closing or providing
long-term care of a facility in the Village or any person transporting
solid waste to and from a facility through the Village.
A.
Transportation requirements.
(1)
No person, including any person licensed by the Village (licensee),
shall use any Village roadway as a route of travel for construction,
operation, maintenance, closure, or long-term care of a facility or
the transportation of solid waste to or from a facility or through
the Village, unless that roadway is established and authorized by
the Village Board as a designated roadway for travel for such purposes
and unless the person fully complies with all Village roadway regulations
and orders and obtains a license therefor. The Village Board may condition
the effective date of the license under this subsection as specified
in § 248-28A.
(2)
Any person transporting solid waste or materials for the construction,
operation, maintenance, closure and long-term care of a facility through
the Village shall use vehicles that are closed, constructed, operated
and filled in such a manner to prevent any portion of the solid waste
or other materials from discharging, leaking, spilling, falling or
escaping from the vehicle onto any public or private property in the
Village, including but not limited to any road, street or alley.
(3)
Any person transporting solid waste or the materials for constructing,
operating, maintaining, closing or providing long-term care at a facility
on any Village roadways shall only transport such solid waste or materials
during the hours and days established and authorized by the Village
Board.
(4)
Every licensee shall prepare a list of authorized transporters who
will be allowed to transport solid waste or other materials to or
from the facility. The list which shall contain at least the names,
addresses and telephone numbers of the authorized transporters and
shall be filed with the Village Clerk-Treasurer prior to commencement
of operations. A facility may only accept solid waste from a person
whose name, address and telephone number appears on the facility's
list of transporters.
B.
Report requirements.
(1)
Each licensee shall file an annual written report by April 1 with
the Village Clerk-Treasurer with an attached sworn statement verifying
the completeness of the enclosed report, detailing the following:
the prior year's disposal in cubic yards and tons; all storage
and treatment activity at the facility; the type or types of solid
waste disposed, stored or treated during that prior year; the source
or sources of any hazardous waste delivered to, disposed at, stored,
accumulated or treated during that prior year; and the names and addresses
of all responsible parties authorized to manage and control the daily
operations. In addition, the person shall provide any or all of the
following if requested by the Village Board:
(a)
Copies received by the licensee during the prior year of any
groundwater, gas, leachate and air quality testing or monitoring data
related to the facility or properties in the vicinity of the facility;
(b)
Copies received by the licensee, during the prior year, of all
correspondence, reports, citizen complaints and inquiries and any
administrative documents and court documents related to the compliance
with federal or state laws or regulations pertaining to storage, treatment,
disposal or handling of solid waste and which pertain to the facility.
(2)
Every licensee shall require all persons transporting solid waste
to or from the facility during operations to complete and sign a form
at the time of entering the facility, noting on the form the following:
(3)
Copies of these forms shall be kept on the premises at all times
during the operations and shall be available to the Village Board
upon request for review and copying.
(4)
Every licensee shall report during construction, operation, maintenance,
closure and long-term care of the facility within 24 hours, in writing
to the Village Clerk-Treasurer, any information received by the licensee,
regarding the following occurrences related to or at the facility:
(a)
Any hazardous waste not covered by the terms of the license
which enter or exit the facility whether or not disposed, stored or
treated at the facility;
(b)
Any permanent, emergency or temporary conditions which may or
did require closing of the facility, including for fire, explosion,
other public health or safety conditions or repair or reconstruction
of the facility;
(c)
Any notice or other document relating to a government ordered
closing of the facility;
(d)
Any transfer or assignment of ownership, possession, control
or operation of the facility.
C.
Operation requirements.
(1)
Notwithstanding licensure under this article, the Village may commence and maintain an action under statutory or common law nuisance against any person, including a licensee, who creates or continues a nuisance at the facility or in the transportation of solid wastes to or from a facility or through the Village. This remedy shall be in addition to the revocation procedures available under § 248-29 above.
(2)
Every licensee shall daily inspect the facility and roadways used
to transport solid waste to or from the facility and when appropriate,
remove any solid waste disposed or discharged on the roadways or rights-of-way.
(3)
Every licensee shall cover or spray all roads and haulways at the
facility with sufficient and necessary materials, including water,
to eliminate blowing dust.
(4)
Every licensee shall:
(a)
Erect and maintain temporary and permanent fences or take such
other measures as may be appropriate and necessary to control the
blowing of paper and the discharging of other materials from the facility;
(b)
Provide and maintain appropriate and necessary physical and
personnel security protections including fences and lockable gates;
(c)
Lock any unlocked gates at the facility except during authorized
hours of operation or except during emergencies;
(d)
Conduct the operations in such a manner that dust, dirt, debris
or other materials will not be carried by wind across the boundary
of the facility onto adjoining properties; and
(e)
Provide the sufficient cover materials for the solid waste at
the end of each operational day and at such other times of an operational
day when wind conditions warrant, to prevent blowing papers and unsightly
conditions at the facility.
(5)
Every facility shall have an attendant at the facility whenever operations
are occurring. An attendant shall be "on call" to respond to emergencies
whenever operations are not occurring at facility. The licensee shall
provide to the Village Clerk-Treasurer in writing the names, addresses
and telephone numbers of all attendants who will be at the facility
during operations or who will be "on call."
(6)
Every licensee shall provide to the Village Clerk-Treasurer a list
of the names, addresses and telephone numbers of the individual who
(are) responsible to manage, control and administer the facility.
The list shall be provided to the Village Clerk-Treasurer prior to
the commencement of operations and updated at least on an annual basis.
(7)
Any licensee who stores materials at a facility must store such materials
in a building and in such a manner as to prevent harborage of rats
or other vermin and to avoid nuisance conditions at the facility.
The licensee shall place all salvaged material into the building on
a daily basis so that no material is left uncovered or uncontained
during the night or on the weekends. The licensee shall exterminate
insects and rodents and shall destroy all noxious weeds at the facility
as directed by the Village Board.
(8)
Each licensee shall maintain sufficient fire fighting equipment and
other appropriate emergency equipment at all times at the facility.
Each licensee shall immediately begin remediation upon receiving information
that failure to remediate presents a danger or a reasonable threat
of danger to the public health, safety or welfare of any person or
property.
(9)
No licensee may locate, construct, operate or maintain a facility
where any constituents or by-products of the solid waste would seep,
spill, drain, empty, or escape from the facility and or pollute the
groundwater, surface water or the ambient air.
(10)
Each licensee shall construct, operate and maintain all private
access roads and haulways as all-weather roads and shall maintain
the roads and haulways in all types of weather conditions. Each licensee
shall monitor and test air quality at the perimeters of the facility
as necessary and appropriate or as ordered by the Village Board to
prevent dusts, debris or other windblown substances from creating
nuisance conditions on properties bordering the facility.
(11)
No person, including a licensee, may operate or maintain a facility
so that it creates a potential for fire, explosion or the potential
to liberate hazardous or poisonous gases from the facility.
(12)
No person, including a licensee, may knowingly dispose, store
or treat any hazardous waste at a solid waste facility. A licensee
shall separate or isolate from the general solid waste mass all solid
waste, which in combination with another solid or hazardous waste,
may cause a fire, explosion or liberation of a hazardous or poisonous
gas.
(13)
No person may construct, operate or maintain any buildings or
any equipment at a facility other than buildings and equipment appropriate
and necessary for the construction, operation, maintenance, closure
and long-term care of the facility. A facility may not be used for
the storage of unrelated vehicles, equipment or materials. No person,
including a licensee, may construct, operate or maintain a facility
or allow any other person to operate or maintain any business, occupation,
enterprise or operation at the facility except that the specific use
be authorized by the license.
(14)
Each licensee shall make all reasonable efforts to cover with
clean earthen fill material all hoses or ponds within the facility
to the existing topography, except for the active fill area and except
for any sedimentation basin designed and constructed to accept surface
drainage from the facility. No licensee may discharge the water or
sediment from a sedimentation basin into any surface water until that
surface water discharge has been approved by the DNR.
(15)
Each licensee shall maintain and not remove or cause to have
removed from the facility, except at the active fill area, any topsoil.
Topsoil removed by the licensee from the active fill area shall not
be removed from the facility.
(16)
A licensee shall provide and maintain sufficient landscaping
for the purpose of providing natural noise and natural aesthetic visual
barriers at the facility. In the event the noise and aesthetic visual
barriers are lost or destroyed for any reason, the licensee shall,
as soon as weather conditions permit, replace these natural barriers
with new natural barriers that have been approved by the Village Board.
(17)
A licensee shall plant and replant, as necessary and appropriate,
all berms, if any, at the facility with grass or other appropriate
vegetation to prevent or reduce erosion.
(18)
A licensee shall allow the Village Board or its designated representative(s)
access to the site for inspections at any reasonable time that access
is requested. A licensee shall provide the Village Board or its designated
representative access to and the opportunity to review and copy any
analysis of wastes, stored materials, soils, leachate, groundwater,
surface water, or dust which was made pursuant to a requirement of
this article, the facility's federal, state or Village license
or to investigate any complaint about nuisance conditions and to take
samples of the above noted materials for analysis.
(19)
No person, including the licensee, may dispose, store or treat
polychlorinated biphenyls (PCBs), any dioxins or any radioactive material
at a facility or at any other location within the Village. This prohibition
does not prevent the use of PCB containing materials, provided such
use is in conformance with the Toxic Substances Control Act and its
implementing regulations.
(20)
Each licensee shall provide and maintain at least one functional
automatic security light and telephone and electrical services (ervices),
at its expense, within the facility for lighting during non-daylight
hours. The security light and services shall be installed and operational
prior to commencement of any operations.
(21)
Every licensee shall, at its expense, install and maintain at
or near the entrance to the facility a sign which shall contain a
statement in large letters of at least 12 inches in height that reads
"NO HAZARDOUS AND OTHER UNAUTHORIZED SOLID WASTE IS ACCEPTED." The
licensee shall keep the sign clean, visible and readable to those
entering the facility. This sign shall be installed prior to commencement
of operations.
(22)
No persons, including a licensee, may construct, install or maintain in the Village any signs that will identify the existence or location of the facility, except those signs otherwise noted in this article, the Chapter 295, Zoning, or required by the DNR and approved by the Village Board.
(23)
No licensee may conduct or allow open burning at a facility
unless written approval of the Village Board has been granted.
D.
Financial requirements.
(1)
Each licensee shall reimburse the Village for all additional reasonable
costs which are not covered by application and renewal fees and which
are incurred by the Village in issuing the license or monitoring compliance
therewith, including but not limited to the following: the cost of
responding to or acting upon any fires, discharges, explosions, accidents,
hazards, or other emergency needs at the facility; and the costs of
investigating complaints about the operations. The Village, after
incurring these costs, shall determine the reasonable costs to be
reimbursed by the licensee.
(2)
The Village, during the license period, shall not be obligated, nor
shall it have any duty or responsibility to the licensee to acquire
or supply any additional or specialized machinery or equipment to
be used for occurrences such as fires, accidents, explosions, discharges
or hazards, or to be used for the other emergency needs at or near
the facility.
(3)
The Village shall not be obligated, nor shall it have any duty or
responsibility to the licensee to employ or retain any additional
or specialized personnel to be used for discharges or hazards or to
be used for other emergency needs at or near the facility.
Any person violating this article upon conviction shall be subject to the penalties provided in § 1-3. In addition to any other penalty for violating this article, the cost of abating a public nuisance by the Village shall be assessed as a special charge against the real estate in the Village of a person causing such nuisance. In addition to any other legal relief available to the Village for violation of this article, the Village Board may take appropriate legal action or proceedings to recover damages, to abate and remove any nuisance and to enjoin further violations of this article.
This article is enacted pursuant to §§ 61.34,
66.0415, 66.0119, 66.0407, Wis. Stats.
[Adopted 5-20-2014 by Ord. No. 3-2014]
The title of this article shall be "Recycling and Municipal
Solid Waste Collection."
The purpose of this article is to regulate the accumulation,
separation, and disposal of solid waste within the Village and to
promote recycling, composting, and resource recovery through the administration
of an effective recycling program, as provided in Wis. Stats. §§ 287.09
and 287.11 and Wis. Admin. Code NR Ch. 544.
In their interpretation and application, the provisions of this
article shall be held to be the minimum requirements and shall not
be deemed a limitation or repeal of any other power granted by statute.
Where any terms or requirements of this article may be inconsistent
or conflicting, the more restrictive requirements or interpretation
shall apply. Where a provision of this article is required by statute,
or by a standard in Wis. Admin. Code NR Ch. 544 and where this article
provision is unclear, the provision shall be interpreted in light
of the statutes and the Wis. Admin. Code NR Ch. 544 standards in effect
on the date of the adoption of this article, or in effect on the date
of the most recent text amendment to this article.
This article is adopted under Wis. Stats. § 287.09(2).
It is intended to apply to all persons within the Village and its
provisions shall be administered by the Board, and/or other Village
officials designated by the Board.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning:
Has the meaning given in Wis. Stats. § 287.15(1)(a).
A container, including beverages, that is made primarily
of a combination of steel and aluminum.
A person, firm or corporation licensed to collect, dispose
of and/or market recyclable and/or nonrecyclable solid waste within
the Village.
Biological degradation and transformation of organic solid
waste under controlled conditions designed to promote aerobic decompositions
and includes vermicomposting.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Any medication (pill, capsule, cream, ointment, liquid, patch),
prescribed or over-the-counter, which is no longer needed or wanted.
Any electronic or electrical device(s) that have reached
the end of their useful life, and that contain substantially high
amounts of toxic or harmful substances. This list includes, but is
not limited to: cellular phones, rechargeable batteries, fluorescent
lighting and ballast, computer motherboards, televisions, any device
containing mercury, or any device which has a video display.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
Liquids which readily separate from the solid portion of
waste under ambient temperature and pressure.
A glass bottle, jar or other packaging container used to
contain a product that is the subject of a retail sale and does not
include ceramic cups, dishes, light bulbs, mason jars, ovenware, plate
glass, safety and window glass, heat-resistant glass such as Pyrex®,
lead-based glass such as crystal, or TV tubes.
High-density polyethylene. Plastic containers made of HDPE
and regulated under Wis. Admin. Code Ch. ATCP 137 will have a triangular
symbol with number "2."
Low-density polyethylene. Plastic containers made of LDPE
and regulated under Wis. Admin. Code Ch. ATCP 137 will have a triangular
symbol with number "4."
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes washer,
clothes dryer, dishwasher, freezer, microwave oven, oven, stove, refrigerator,
furnace, boiler, dehumidifier or water heater.
A property containing five or more residential units, including
those which are occupied seasonally, and all residential facilities
that do not meet the definition of "residential unit," on fee simple
property.
A newspaper and other materials printed on newsprint.
Solid waste for which there exists no commercially demonstrated
method of resource recovery. It does not include solid waste generated
in the production of goods, hazardous waste as defined in Wis. Stats.
§ 291.01(7), waste from construction and demolition of structures,
scrap automobiles, or high-volume industrial waste as defined in Wis.
Stats. § 289.01(17).
Commercial, retail, industrial, institutional and governmental
facilities and properties. It includes any location at which goods
or services are provided or manufactured, including locations under
construction, demolition or remodeling, or used for special events
such as, but not limited to, fairs, festivals, port venues, conferences
and exhibits.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples or office paper generally accepted as high grade. This
term does not include industrial process waste.
Materials that are used to absorb waste oil.
A filter for automotive engine oil.
Plastic resins regulated under Wis. Admin. Code Ch. ATCP
137 and having a triangular symbol with number "7."
Includes any individual, corporation, limited liability company,
partnership, association, local governmental unit as defined in Wis.
Stats. § 66.0131(1)(a), state agency or authority or federal
agency.
Polyethylene terephthalate. Plastic containers made of PETE
and regulated under Wis. Admin. Ch. ATCP 137 will have a triangular
symbol with number "1."
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. A plastic container
includes those made of PETE (No. 1), HDPE (No. 2), PVC (No. 3), LDPE
(No. 4), PP (No. 5), PS (No. 6), and other resins or multiple resins
(No. 7).
Solid waste other than solid waste generated in the production
of goods, hazardous waste as defined in Wis. Stats. § 291.01(7),
waste from construction and demolition of structures, scrap automobiles
or high-volume industrial waste as defined in Wis. Stats. § 289.01(17).
Polypropylene. Plastic containers made of PP and regulated
under Wis. Admin. Code Ch. ATCP 137 will have a triangular symptom
with number "5."
Polystyrene. Plastic containers made of PS and regulated
under Wis. Admin. Code Ch. ATCP 137 will have a triangular symptom
with number "6."
Polyvinyl chloride. Plastic containers made of PVC and regulated
under Wis. Admin. Code Ch. ATCP 137 will have a triangular symbol
with number "3."
Is defined by Wis. Admin. § NR 544.03(33) and includes
items that are banned from land disposal and incineration pursuant
to Wis. Stats. § 287.07. These items include, but are not
limited to: electronic waste, lead acid batteries, major appliances,
waste oil, yard waste, waste tires, aluminum containers, corrugated
paper or other container board, foam polystyrene packaging, glass
containers, magazines, newspaper, office paper, plastic containers,
steel containers, bimetal containers, used oil filters, oil-absorbent
materials with visible signs of free-flowing oil and electronic devices
listed in Wis. Stats. § 287.07(5).
Each living unit in the Village of Hobart designed for permanent
living quarters, including every single, two-, three- and four-family
dwelling unit(s) on fee simple property.
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant or air pollution control facility and
other discarded or salvageable materials, including solid, liquid,
semisolid or contained gaseous materials resulting from industrial,
commercial, mining and agricultural operations, and from community
activities, but does not include solids or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows
or industrial discharges which are point sources subject to permits
under Wis. Stats. § 283, or source material as defined in
§ 254.31(10), special nuclear material as defined in § 254.31(11),
or by-product material as defined in § 254.31(1).
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste.
A person, firm or corporation specifically contracted by
the Village to collect, dispose of and/or market certain recyclable
materials and/or postconsumer waste from residential units.
Any petroleum-derived or synthetic oil that has been used
or spilled.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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.
Any accumulation of solid waste on any premises in the Village
is declared to be a nuisance and is prohibited. The owner is responsible
for the timely removal and proper disposal of solid waste from the
owner's premises. Upon failure to remove the nuisance after written
notice to the owner, the Village may cause the nuisance to be removed
and disposed of at the owner's expense. The Village shall collect
from the owner all costs associated with removal and disposal of the
nuisance. All unpaid charges and fines will be placed on the tax roll.
A.
All persons who generate or dispose of solid waste within the Village
shall separate the following recyclable materials from nonrecyclable
solid waste:
(1)
Aluminum containers;
(2)
Bimetal containers;
(3)
Corrugated paper or other container board;
(4)
Foam polystyrene packaging;
(5)
Glass containers;
(6)
Magazines (and other materials printed on similar paper);
(7)
Newspaper (and other materials printed on similar paper);
(8)
Office paper;
(9)
Plastic containers;
(10)
Steel containers;
(11)
Electronic waste, and electronic devices listed in Wis. Stats.
§ 287.07(5);
(12)
Lead-acid batteries;
(13)
Major appliances;
(14)
Yard waste;
(15)
Waste tires;
(16)
Used oil filters;
(17)
Waste oil;
(18)
Oil-absorbent materials with visible signs of free-flowing oil.
B.
The Village contracts with the Brown County Resource Recovery Department
for ultimate disposal of all Village recyclable and nonrecyclable
waste. Due to varying market conditions and technological upgrades,
the Brown County Resource Recovery Department ultimately dictates
what shall be required and/or accepted and the above list may change
from time to time.
The separation requirements of § 248-18 do not apply to the following:
A.
Persons who send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 248-18 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.
To the greatest extent practicable, recyclable materials separated in accordance with § 248-18 shall be clean and kept free from 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 that protects them from wind, rain and other inclement weather conditions. Recyclable materials, as specified in § 248-18A(1) through (10), should not be bagged prior to placement in wheeled collection cart.
Occupants of residential units, multiple-family dwellings and nonresidential facilities and properties shall arrange for the proper collection and disposal of lead-acid batteries, major appliances, waste oil, used oil filters, oil-absorbent materials with visible free-flowing oil and electronics with a collector at the occupant's request and expense. Yard waste may be disposed of at the Village of Hobart Yard Waste site (in accordance with established rules and regulations), removed by a collector at the occupant's request and expense, or composted pursuant to § 248-30. Electronic waste can be disposed of at the Brown County Resource Recovery Department, or at any site which has an official program to recycle electronic waste. Drug waste, as listed in § 248-22E, shall be deposited at any authorized location with designated and appropriate facilities for drug waste disposal.
A.
Except as otherwise directed by the Village, owners and occupants
of residential units shall follow the preparation and collection of
recycling materials as required by the Village.
B.
All residential units shall be provided a wheeled recycling cart
and a wheeled nonrecyclable postconsumer waste cart by the Village
or the Village's contracted collector. Provided carts are to
be maintained by the residential unit owners and occupants in a good,
clean and sanitary condition and shall not be removed from the premises
by the residential unit owner or occupant. These carts shall be watertight
and flyproof at all times. Covers shall be kept tightly on the carts
to prevent materials from blowing or spilling. All bins/carts should
be primary housed inside a building during non-pickup days. If it
is impossible to house in a building, then the bins/carts must be
out of sight of street. The owner shall take any reasonable steps
to make sure animals are not able to disturb garbage if left outside.
During winter months, the property owner must shovel out an area in
which the carts/bins can be easily accessible to the disposal contractor
as in summer months. If this is exceedingly difficult, the contractor
may decide the route and procedures necessary to pick up carts/bins.
Any litter which is strewn about the area of the bins, when placed
by curb, is the responsibility of the owner or designated agent, and
must be removed no later than sundown of the evening of pickup. No
person shall dispose or dump nonrecyclable material in any container
designed to handle or store recyclable materials. No solid waste or
recyclable material shall be allowed to be disposed of in the Village
which originated from outside the Village. Any item(s) which are placed
outside of contractor approved cart/bin will not be picked up.
C.
Properly prepared bimetal containers, container board, foam polystyrene
packaging, glass containers, HDPE, LDPE, magazines, newspaper, other
resins or multiple resins, PETE, plastic containers, PP, PS, PVC and
aluminum cans (per Brown County Resource and Recovery Department collection
discretion) within the recycling cart shall be collected at curbside
according to a schedule set by the Village. In order to prevent carts
from being an obstruction to snowplows and other traveling public,
carts are prohibited from being placed within the roadway. The Village
will not be responsible for carts that are damaged due to being struck
by Village snowplows or "snow wash" resulting from plowing activity.
All carts shall be placed and removed from the collection point within
24 hours of pickup.
D.
Nonrecyclable postconsumer waste contained within a nonrecyclable
cart shall be collected at curbside according to a schedule set by
the Village. In order to prevent carts from being an obstruction to
snowplows and other traveling public, carts are prohibited from being
placed within the roadway. The Village will not be responsible for
carts that are damaged due to being struck by Village snowplows or
"snow wash" resulting from plowing activity. All carts shall be placed
and removed from the collection point within 24 hours of pickup.
E.
No person shall place the following materials at the curbside collection
point for collection by the Village's contracted collector unless
the person has made separate arrangements for the collection at the
person's own expense:
(1)
Nonseparated recyclable and nonrecyclable postconsumer waste;
(2)
Hazardous waste as defined in Wis. Stats. § 291.01(7);
(3)
Paint or stain (latex-based paint cans can go in the trash, as long
as contents in can are dried out);
(4)
Flammable liquid;
(5)
Explosives;
(6)
Chemicals;
(7)
Carcasses;
(8)
Home generated sharps unless they are deposited in an FDA approved
sharps collection container;
(9)
Infectious waste as defined by Wis. Stat. § 287.07(7)(c)1.c,
and other waste that contains or may be mixed with infectious waste;
(10)
Automotive parts or accessories;
(11)
Metal;
(12)
Yard waste;
(13)
Tires;
(14)
Major appliances;
(15)
Lead-acid batteries unless prior arrangements are made with
the Village's collector;
(16)
Used oil filters;
(17)
Oil-absorbent materials with visible signs of free-flowing oil;
(18)
Waste oil unless prior arrangements are made with the Village's
collector;
(19)
Electronic waste and devices listed in Wis. Stats. § 287.07(5);
(20)
Pesticides, excluding nonagricultural pesticide containers if
properly cleaned, not contaminated, and if approved by the Village
Board for separation and for recyclable material collection;
(21)
Asbestos;
(22)
Sludge wastes;
(23)
Waste from pollution control equipment;
(24)
Residue and debris from cleanup of chemical discharge or chemical
residue and debris from any facility or operation using chemicals
in any commercial, agricultural or industrial processes;
(25)
Ash waste;
(26)
Hazardous and toxic demolition and construction waste;
(27)
Septage (human or otherwise) waste;
(28)
Animal fecal waste;
(29)
Wood treated with chemical preservatives;
(30)
Contaminated recyclable material as determined by the Village
Board or its contractor;
(31)
Drug waste (shall be disposed of at any authorized location
with designated and appropriate facilities for drug waste disposal).
A.
Responsibilities.
(1)
The owner of a multifamily dwelling shall arrange for the removal of nonrecyclable postconsumer waste and recyclable materials specified in § 248-18A(1) through (10) from the multifamily dwelling at the owner's expense. The owner or designated agent of a multifamily dwelling shall provide adequate separate containers for the disposal of both nonrecyclable postconsumer waste and those recyclable materials specified in § 248-18A(1) through (10). A nonrecyclable postconsumer waste container and recyclable material container of at least 25 gallons each shall be provided per dwelling unit, or dumpsters may be provided using this size equivalency. Nonrecyclable postconsumer waste shall be removed and disposed of by a collector at the owner's expense at least once each week. Recyclable materials specified in § 248-18A(1) through (10) shall be removed by a collector at the owner's expense at least once every other week. To ensure compliance, the owner of a multifamily dwelling shall provide the Village with a copy of its current collection contract within five business days of a written request from the Village. The Village may at any time require the owner of a multifamily dwelling to increase container sizes or dumpster equivalency and/or frequency of collection to avoid nuisances such as fugitive debris or other aesthetic issues.
(2)
All recyclable and nonrecyclable containers shall be placed and maintained within a three-sided enclosure and enclosed on the fourth side with a gate to contain garbage, refuse, waste, recycling and other debris. The enclosure shall be a minimum of 30 feet by 10 feet, it must be at least 10 feet from any other structure, per NFPA 1 (most recent addition), and it must meet accessory structure regulations of Chapter 295, Zoning. The screening shall consist of a solid fence constructed of masonry or commercial-grade wood fencing, and shall be a minimum of six feet and a maximum of eight feet tall. This fence shall be constructed in such a manner so as to prevent paper, debris, and other refuse material from being blown through the fence. The owner of a multifamily dwelling shall be responsible for full compliance with the requirements of this article.
(3)
The owner or designated agent may apply for a special exception from
the Village regarding the minimum size of containers and/or the minimum
size of the enclosure. The Village may grant a special exception if
the applicant clearly shows that this article requirement creates
an unnecessary hardship and granting the variance will not harm the
public interest or undermine the purposes of this article.
B.
The owner or designated agent of a multifamily dwelling shall do
all of the following:
(1)
Provide adequate, separate containers for the recyclable materials specified in § 248-18A(1) through (10);
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established on-premises
recycling program, which materials are collected, and how to prepare
the materials in order to meet the processing requirements and collection
methods;
(3)
Provide educational materials to tenants with resources on proper disposal options for recyclable materials described in § 248-22E;
(4)
Provide for the collection of the recyclable materials specified in § 248-18A(1) through (10), separated from the nonrecyclable postconsumer waste, and the delivery of the recyclable materials to a recycling facility; and
(5)
Notify tenants of reasons to reduce solid waste and to promote recycling,
which materials are collected, how to prepare the materials in order
to meet the processing requirements, collection methods, or sites,
location and hours of operation, and a contact person or company,
including a name, address and telephone number.
C.
The requirements specified in Subsection A do not apply to the owner or designated agent of a multifamily dwelling if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 248-18 from solid waste in as pure a form as is technically feasible.
A.
Responsibilities.
(1)
The owner of nonresidential facilities and properties shall arrange for the removal of solid waste and collection of separated recyclable materials specified in § 248-18A(1) through (10) from their property at their expense. The owner or designated agent of nonresidential facilities and properties shall provide adequate separate containers for the disposal of nonrecyclable postconsumer waste and recyclable materials specified in § 248-18A(1) through (10), and shall provide resource information on how and where to dispose materials specified in § 248-22E. Nonrecyclable postconsumer waste shall be removed and disposed of by a collector at the owner's expense at least once each week. Recyclable materials specified in § 248-18A(1) through (10) shall be removed by a collector at the owner's expense at least once every other week. To ensure compliance, the owner of nonresidential facilities and properties shall provide the Village with a copy of its current collection contract(s) within five business days of a written request from the Village.
(2)
All recyclable and nonrecyclable containers shall be placed and maintained within a three-sided enclosure and enclosed on the fourth side with a gate to contain garbage, refuse, waste, recycling and other debris. The enclosure shall be a minimum of 30 feet by 10 feet, it must be at least 10 feet from any other structure, per NFPA 1 (most recent addition), and it must meet accessory structure regulations of Chapter 295, Zoning. The screening shall consist of a solid fence constructed of masonry or commercial grade wood fencing, and shall be a minimum of six feet and a maximum of eight feet tall. This fence shall be constructed in such a manner so as to prevent paper, debris, and other refuse material from being blown through the fence.
(3)
The owner or designated agent may apply for a special exception from
the Village regarding the minimum size of containers and/or the minimum
size of the enclosure. The Village may grant a special exception if
the applicant clearly shows that this article requirement creates
an unnecessary hardship and granting the variance will not harm the
public interest or undermine the purposes of this article.
B.
The owner(s) or designated agent(s) of nonresidential facilities
and properties shall do all of the following:
(1)
Provide adequate, separate containers for recyclable materials specified in § 248-18A(1) through (10);
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established on-site recycling
program, which materials are collected, and how to prepare the materials
in order to meet the processing requirements and collection methods;
(3)
Provide educational materials to all users, tenants and occupants of the properties with resources on proper disposal options for recyclable materials described in § 248-22E;
(4)
Provide for the collection of the materials specified in § 248-18A(1) through (10), separated from the solid waste by the users, tenants and occupants, and the delivery of the materials to a recycling facility; and
(5)
Notify users, tenants and occupants of reasons to reduce and recycle,
which materials are collected, how to prepare the materials in order
to meet the processing requirements, collection methods, or sites,
location and hours of operation, and a contact person or company,
including a name, address and telephone number.
C.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling materials specified in § 248-18 from solid waste in as pure a form as is technically feasible.
In addition to the responsibilities set forth in §§ 248-18, 242-20 and 248-22, occupants of multifamily dwellings and nonresidential facilities and properties shall, at their expense, arrange for the proper collection and disposal of their solid waste that is not postconsumer waste, such as hazardous waste, paint, stain, flammable liquid, explosives, chemicals, carcasses, home-generated sharps, infectious waste, automotive parts or accessories, etc. This obligation does not relieve the owner of said premises from liability under § 248-17 for the accumulation of solid waste on the owner's premises. The owner is responsible for the timely removal and proper disposal if the occupant fails to do so. The Village shall collect from the owner all costs associated with removal and disposal of the nuisance. All unpaid charges and fines will be placed on the tax roll. The owner's recourse, if any, will be against the occupant.
No person may dispose of any recyclable materials, as defined in § 248-16, in a solid waste disposal facility.
A.
No person may deposit, throw, discard, place or abandon any solid
waste upon any street, court, lane, alley, business square, public
enclosure, vacant lot, house yard, body of water, or any place, except
in a container intended for that purpose. No person shall disturb
the contents of any recyclable or nonrecyclable waste container. No
person shall remove any item from recyclable or nonrecyclable carts
or other waste containers located on private premises or in the public
right-of-way adjacent without the consent of the occupant of the premises.
B.
No person shall deposit or leave any recyclable materials or solid
waste in any garbage container belonging to another person without
first securing permission to use such container for disposal purposes.
C.
Recyclable and nonrecyclable containers placed at public waste sites,
public parks and other public areas within the Village are intended
to be used for the disposal of recyclable and nonrecyclable postconsumer
waste generated at, and associated with, the use of the public facility
being served by those containers. No person shall deposit or leave
any recyclable or nonrecyclable postconsumer waste at any public wayside
or park within the Village unless the recyclable or nonrecyclable
postconsumer waste was generated upon the premises being served by
that container and in connection with the use of the public facility.
All solid waste resulting from the remodeling, construction
or reconstruction of a building or structure, roadway or sidewalk
shall be disposed of by the owner at the owner's expense.
The Village's contracted collector may reject any recyclable
material or nonrecyclable postconsumer waste that is not prepared
according to this article or other policies adopted by the Village.
A.
Composting in all residential zoning districts shall be conducted
within an enclosed container not to exceed five feet by five feet
by five feet for lots less than 40,000 square feet and two five-foot-by-five-foot-by-five-foot
containers for lots 40,000 square feet to 120,000 square feet. Containers
shall be of a durable material including, but not limited to, rot-resistant
wood or a commercially purchased composting unit which will provide
for adequate aeration. Containers shall be constructed and maintained
in a structurally sound manner.
B.
The compost container(s) shall be located in the rear yard no closer
than 10 feet to any rear or side property line nor closer than 20
feet to any habitable building, other than the resident's(s') own
home.
C.
Only grass clippings, leaves, weeds that have not gone to seed, nondiseased
plants, trimmings less than 1/4 inch in diameter, straw, sawdust,
wood ashes, fruit or vegetable scraps, coffee grounds, egg shells,
paper, and commercially available compost ingredients may be placed
in the compost container(s). Meat, bones, fat oils, grease, dairy
products, feces, plastics or synthetic fibers shall not be placed
in the compost container(s).
D.
Compost materials shall be layered, aerated, moistened, turned, managed
and covered during inclement weather to promote effective decomposition
of the materials in a safe, secure and sanitary manner.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the Village Department may inspect recyclable materials separated
for recycling, postconsumer 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 or employee of
the Village who requests access for purposes of inspection. No person
may obstruct, hamper or interfere with such an inspection. No part
of this article shall inhibit the ability of law enforcement to collect
any material that may have evidentiary value.
B.
Any person who violates a provision of this article may be issued
a citation. The issuance of a citation shall not preclude proceeding
under any other ordinance of law relating to the same or any other
matter. Proceeding under any other ordinance or law relating to the
same or any other matter shall not preclude the issuance of a citation
under this section.
C.
Penalties for violating this article may be assessed as follows:
(1)
Any person who violates a provision of this article, except § 248-26, may be required to forfeit not less than $10 nor more than $1,000 for each violation;
