[Adopted as § 10.0 of the 2000 Code]
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.
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.
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:
(d)
The date of disposal, storage or treatment;
(e)
The name and address of the authorized transporter;
(f)
The signature of the authorized transporter or the transporter's
agent.
(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:
BIMETAL CONTAINER
A container, including beverages, that is made primarily
of a combination of steel and aluminum.
COLLECTOR
A person, firm or corporation licensed to collect, dispose
of and/or market recyclable and/or nonrecyclable solid waste within
the Village.
COMPOSTING
Biological degradation and transformation of organic solid
waste under controlled conditions designed to promote aerobic decompositions
and includes vermicomposting.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping
containers and related products.
DRUG WASTE
Any medication (pill, capsule, cream, ointment, liquid, patch),
prescribed or over-the-counter, which is no longer needed or wanted.
ELECTRONIC WASTE
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.
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 article in a shipping container;
C.
Consists of rigid materials shaped to hold and cushion the packaged
article in a shipping container.
FREE LIQUIDS
Liquids which readily separate from the solid portion of
waste under ambient temperature and pressure.
GLASS CONTAINER
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.
HDPE
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."
LDPE
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
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes washer,
clothes dryer, dishwasher, freezer, microwave oven, oven, stove, refrigerator,
furnace, boiler, dehumidifier or water heater.
MULTIPLE-FAMILY DWELLING
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.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRECYCLABLE POSTCONSUMER WASTE
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).
NONRESIDENTIAL FACILITIES AND PROPERTIES
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.
OFFICE PAPER
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.
PERSON
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.
PETE or PET
Polyethylene terephthalate. Plastic containers made of PETE
and regulated under Wis. Admin. Ch. ATCP 137 will have a triangular
symbol with number "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. 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).
POSTCONSUMER WASTE
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).
PP
Polypropylene. Plastic containers made of PP and regulated
under Wis. Admin. Code Ch. ATCP 137 will have a triangular symptom
with number "5."
PS
Polystyrene. Plastic containers made of PS and regulated
under Wis. Admin. Code Ch. ATCP 137 will have a triangular symptom
with number "6."
PVC
Polyvinyl chloride. Plastic containers made of PVC and regulated
under Wis. Admin. Code Ch. ATCP 137 will have a triangular symbol
with number "3."
RECYCLABLE MATERIALS or RECYCLABLE SOLID WASTE
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).
RESIDENTIAL UNIT
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.
SOLID WASTE
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).
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste.
VILLAGE'S CONTRACTED COLLECTOR
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.
WASTE OIL
Any petroleum-derived or synthetic oil that has been used
or spilled.
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.
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.
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.
C. A recyclable material specified in §
248-18 for which a variance has been granted by the Department of Natural Resources under Wis. Stats. § 287.11(2m) or Wis. Admin. Code § NR 544.14.
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.
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.
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.