[HISTORY: Adopted by the Village Board of the Village of
Athens as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-22-2004 as
Title 8, Ch. 4, of the 2004 Code]
A.
Title. This article shall be known as the "Solid Waste Management
Ordinance of the Village of Athens," hereinafter referred to as "this
article."
B.
Garbage and refuse collection service. All garbage and refuse collection
service shall be provided by Village personnel or by Village-approved
contractors.
It is hereby declared to be the purpose and intent of this article to enhance and improve the environment and promote the health, safety and welfare of the Village by establishing minimum standards for the storage, collection, transport, processing, separation, recovery and disposal of solid waste. Disposal of recyclable materials shall be governed by Article II of this chapter.
The following definitions shall be applicable in this article:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods. Items shall
be cut not to exceed four feet in length and bundled not to exceed
50 pounds per bundle.
Large items such as furniture, mattresses, carpeting, construction
or demolition materials of substantial dimensions, brush and other
large items whose proportions are not easily reduced.[1]
The act of removing solid waste from the storage area at
the source of generation.
The back edge or curb and gutter along a paved street or
where one would be if the street was paved and had curb and gutter.
That portion of solid waste from the repair, remodeling,
construction or reconstruction of buildings, such as lumber, roofing
and sheathing scraps, rubble, broken concrete, asphalt, plaster, conduit,
pipe, wire, insulation, and other materials resulting from the demolition
of buildings and improvements.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A place of habitation occupied by a normal single-family
unit or a combination of persons who may be considered as equivalent
to a single-family unit for the purposes of this article.
Includes every refuse accumulation of animal, fruit or vegetable
matter, liquid or otherwise, that attends to the preparation, use,
cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables.
Glass bottles, jars and containers and does not include window
glass, drinking glasses, pyrex, light bulbs or other noncontainer
glass.
Reasonable efforts to adhere to the policies, standards and
rules of the mandatory source separation recycling program.
Those wastes or substances defined as such in Ch. NR 661,
Wis. Adm. Code (including all amendments provided thereto). as provided
therein pursuant to § 291.05, Wis. Stats., or other acts
pursuant to authority vested in the Wisconsin Department of Natural
Resources to describe and list materials as such, and also includes
the meaning of "hazardous waste" or "hazardous substance" as described
herein. Those solid wastes or substances found in household waste
[notwithstanding the household waste exclusion provided in § NR
661.04(2)(a), Wis. Adm. Code].
Any type of product capable of puncturing or lacerating the
skin that is designed or used to treat, diagnose, or prevent a disease
or medical condition, including but not limited to scalpels and hypodermic
needles.
Waste material, except garbage, rubbish, and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Automotive and related batteries that are comprised of lead
plates with an acid electrolyte, and does not include nickel-cadmium
batteries, dry cell (flashlight) batteries or batteries used in calculators,
watches, hearing aids or similar devices.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, water heater or any other item commonly referred to as a "white
good."
Tin-coated steel cans, bimetal cans, and aluminum cans used
for food and other nonhazardous materials, but excluding aerosol cans
and cans that held paint, paint-related products, pesticides or other
toxic or hazardous substances.
A residential building intended to be the residence of four
or more independent family units.
That portion of newspapers (newspapers and advertising circulars
normally accompanying newspapers) or periodicals and advertising circulars
printed on newsprint which remains in substantially original condition
at the time of disposal such that the material is suitable for commercial-grade
recycling. "Newsprint" does not include the paper commonly used in
the production of magazines, books, and other physical media for written
material or paper which is not suitable for recycling purposes, or
is in a state which makes separation unreasonable or unduly expensive,
or reasons which include, but are not limited to, the following:
The paper has been put to another use, such as wrappings for
other wastes, and is thus rendered unfit for commercial recycling.
The paper is no longer flat and folded to the approximate dimensions
of its original condition.
The paper is mixed in with commercial or municipal litter or
refuse as a result of the failure of citizen or business invitees
to separate newspapers from other discarded materials outdoors or
in publicly accessible areas of buildings.
The paper has been damaged or altered by any other means so
as to make recycling impossible or unduly difficult.
All items of waste not recyclable except hazardous waste
or hazardous substances.
Solid waste from agricultural, commercial, industrial, or
institutional activities, or a building or group of buildings consisting
of four or more dwelling units.
All paper excluding newsprint materials or materials specifically
excepted in the definition of "newsprint" and corrugated cardboard,
but shall include grades of fiber materials with available markets
for recycling.[2]
Any individual, corporation, organization, association, local
governmental unit, as defined in § 66.0131, Wis. Stats.,
state agency or authority or federal agency.
A blow-molded plastic bottle made of high-density polyethylene
(HDPE) or a plastic bottle or jar made of polyethylene terephthalate
(PET), but does not include HDPE containers that are not blow molded,
including but not limited to containers for yogurt, cottage cheese,
butter, margarine, ice cream and similar products.
Criteria provided establishing acceptable good faith limits
for introduction of materials into the source separation recycling
program involving either transport to a material recycling center
or temporary storage of such materials.
Collection services provided by a person licensed to do the
same by the DNR.
Waste material that can be remanufactured into usable products
and shall include, by way of enumeration but not by way of limitation,
glass, plastics, newspaper, cardboard, and metals (aluminum, steel,
tin, brass, etc.).
Includes all waste material, except garbage, rubbish, and
industrial waste, and eliminates refuse that is no longer picked up
such as grass, leaves, sticks, tree branches and logs, stumps, stones,
cement, boards, furniture or household appliances, and garden debris.
All solid waste that normally originates in a residential
environment from residential dwelling units.
A single-family home, duplex, townhouse, condominium or a
building with three or fewer dwelling units.
Includes combustible and noncombustible waste material, except
garbage, refuse and industrial waste, that is incidental to the operation
of a building and shall include, by way of enumeration but not by
way of limitation, rags, sweepings and recyclables banned from the
landfill.
The uncontrolled and unauthorized removal of materials at
any point in solid waste management.
A container specifically manufactured for the disposal of
sharp medical waste.
Garbage, refuse and all other discarded or salvageable solid
materials, including solid waste materials resulting from industrial,
commercial and agricultural operations and from community activities,
but does not include solids or dissolved material in wastewater effluents
or other common water pollutants.
Safe, environmentally sound, short-term containment of materials,
and for recyclables shall involve preserving materials in a condition
meeting preparation standards.
For collection purposes shall mean rubber tires, from automobiles
and light trucks, and other tires whose size is less than 1100 x 24.5,
which are removed from rims.
Any contaminated petroleum-derived or synthetic oil, including
but not limited to the following: engine and other mechanical lubricants;
hydraulic and transmission fluid; metal-working fluid; and insulating
fluid or coolant.
Leaves, grass clippings, and yard and garden debris, including
clean woody vegetative material no greater than six inches in diameter
and holiday trees, but does not include tree stumps, extensive root
systems or shrubs with intact root balls.
Storage areas shall be kept in a nuisance- and odor-free condition.
Litter shall not be allowed to accumulate. Collection crews will not
be responsible for cleaning up loose material from any containers
which have been ruptured or broken due to wet conditions, animals,
vandalism or other causes. The occupant and/or owner shall be responsible
for cleaning up this litter. Violations will result in the occupant
and/or owner being notified to clean up his/her area, with continued
violations resulting in the owner being prosecuted under the provision
of this article and other Village ordinances.
A.
General container standards. Suitable containers shall be provided
by the property owner or tenant in which to store all solid wastes.
Containers, in order to be approved, shall provide for efficient,
safe and sanitary handling of solid waste. They shall be maintained
in a nuisance- and odor-free condition and shall be sufficient to
prevent the scattering of contents by weather conditions or animals.
B.
Ashes. Cold, completely extinguished ashes may be left for collection
in containers.
C.
Disposal of nonrecyclable materials.
(1)
All nonrecyclable materials shall be placed in containers or plastic
garbage bags not exceeding a capacity of 30 gallons and/or a net weight
of 50 pounds. All refuse material not suitable for placement in containers
or bags shall be placed in bundles or broken into sizes small enough
to be handled by one person. Each container for a residential unit
shall be equipped with suitable handles and tight-fitting covers and
shall be watertight. All garbage containers shall be kept in a neat,
clean, and sanitary condition at all times. All garbage containers
for residential units shall be of metal, durable plastic, or other
suitable, moisture-resistant materials, including heavy-duty refuse
disposal bags. Metal garbage cans shall be of sufficient thickness
to resist denting during normal handling by collection crews. Plastic
garbage bags must be closed with a tie and shall be of sufficient
strength to allow lifting and loading contents without tearing.
(2)
Responsibility of owner. It shall be the duty of every occupant,
tenant, or proprietor of any residential unit to provide, and at all
times keep in a suitable place readily accessible to the refuse collector,
garbage containers capable of holding all garbage which would ordinarily
accumulate on such premises between the time of successive collections.
The owner of any multifamily dwelling shall furnish or require the
tenant thereof to furnish proper garbage containers. Garbage containers
located at multifamily dwellings shall be marked so as to indicate
the residential unit to which they belong.[1]
A.
It shall be unlawful for any person to place for regular collection
any of the following wastes:
(1)
Hazardous waste.
(2)
Toxic waste or chemicals.
(4)
Explosives or ammunition.
(5)
Drain or waste oil or flammable liquids.
(6)
Large quantities of paint.
(7)
Dead animals.
(8)
Trees or stumps.
(9)
Gravel or concrete.
(10)
Construction debris.
(11)
Animal or human waste.
(12)
White goods (unless as a special haul item).
(13)
Hot ashes (ashes that are fully extinguished and dry may be
left for collection in noncombustible containers).
(14)
Tires and batteries.
B.
The aforementioned materials shall be disposed of in the manner prescribed
by federal or state laws, or as provided for herein.
C.
Materials that the Village collector will dispose of for a separate
fee may be disposed of by special arrangement between the waste generator
and said Village collector.
A.
B.
Hospital and/or medical waste. Except as otherwise specifically provided
in this article, the provisions set forth in Ch. NR 526, Wis. Adm.
Code, describing and defining regulations with respect to hospital
and/or medical waste, are hereby adopted and made a part of this article
as if fully set forth herein.
All demolition waste resulting from remodeling, construction,
or removal of a building, roadway, or sidewalk shall be disposed of
by the owner, builder, or contractor. Building materials of any kind
will not be disposed of by the Village or its collection service.
A.
Placement for collection.
(1)
Residential solid waste shall be accessible to collection crews.
Residential solid waste in approved containers shall be placed immediately
behind the curb of the public street for collection or containers
shall be placed immediately adjacent to the alley if premises abut
on an alley. Bulky wastes from residential units shall likewise be
placed in neat, orderly fashion behind the curb. During winter months,
solid waste shall not be placed on top of the snow bank, nor shall
it be placed in the roadway. The owner shall either shovel out an
area behind the curb in which to place his wastes or he shall place
it in his driveway. Collection crews will not collect residential
solid waste unless it is placed at the curb of a public street. Residential
units shall bring their solid waste to the terrace adjacent to the
street curb for collection. Should collection crews be unable to discharge
contents of garbage cans into collection vehicles using normal handling
procedures, the cans, including contents, will be left at curbside.
The owner shall make provisions to assure that the solid waste therein
can be collected on the next collection day. Collection crews will
not empty garbage cans by means other than dumping.
(2)
No garbage containers or other containers for refuse other than those
of the Village shall be placed, kept, stored or located within the
right-of-way of a street or alley; provided, however, that the Village
Board may authorize the location of such containers within the public
right-of-way at specified places and times when such location is necessary
for the expeditious collection and disposition of refuse.
(3)
Placement means one stop for each residential unit.
B.
Restriction on time of placement.
(1)
All receptacles and containers for refuse and rubbish and all bundles of rubbish shall be placed in collection locations as designated in Subsection A above only after 7:00 p.m. of the evening prior to the regular collection time the following day.
(2)
All receptacles, bags and containers for refuse and garbage disposal
shall be removed from the curbside collection point within 24 hours
after the regular collection time.
(3)
Village employees or employees of licensed collectors will not enter
any structures to remove garbage or refuse, except by written agreement
with the property owner.
(4)
If the scheduled collection day falls on a holiday, collection will
be on the following scheduled working day.
C.
Collection schedule. Municipal refuse collection services shall be
on a scheduled basis as established by the Village Board. Only those
items approved by this article shall be left for collection at curbside.
It shall be unlawful to bring refuse from outside the Village
of Athens limits into the Village limits for disposal unless specifically
authorized by written agreement with the Village.
A.
Persons shall not pilfer recyclables or disturb recyclables once
those materials are placed for collection unless good faith applies.
Only persons authorized by the Village or the generator of waste shall
collect or handle recyclable materials once those materials have been
placed appropriately for collection. Any and each collection by unauthorized
persons in violation of this provision shall constitute a separate
and distinct offense punishable as provided hereinafter. Nothing herein
shall be construed to allow for scavenging, removal, transportation,
or resorting of refuse which has been placed for disposal under this
article. Any such scavenging or separation of refuse that has been
placed for disposal by the producer of said refuse shall be deemed
a violation of this article.
B.
This article shall not prohibit the actual producers of recyclable
materials or the owners of residential units or nonresidential units
upon which recyclable materials have been accumulated from personally
collecting, conveying, and disposing of recyclable materials, provided
that such producers or owners do not violate the intent of this article.
The accumulation or deposit of garbage, trash, or putrescible
animal or vegetable matter in or upon any lot or land or any public
or private place within the Village which causes the air or environment
to become noxious or offensive or to be in such a condition as to
promote the breeding of flies, mosquitoes, or other insects, or to
provide a habitat or breeding place for rodents or animals, or which
otherwise becomes injurious to the public health, is prohibited and
declared to constitute a nuisance.
A.
Prohibition. No person shall deposit, throw, or place any garbage,
offal, dead animals, combustible refuse or other deleterious matters
in any park, lane, alley, street, public grounds, or public place
within the Village, nor place any garbage, offal, dead animals or
other refuse matter upon any private property not owned by such person
without such person's consent. If not deemed noncollectible,
these materials may be placed for collection on the owner's property
if the same are enclosed in proper vessels or containers which shall
be watertight and kept so with tightly fitting covers.
B.
Private dumps. It shall be unlawful for any person to use or operate
a dump.
No person other than an authorized collector shall collect or
interfere with any waste after it shall have been put into a garbage
receptacle and deposited in the proper place for the collector, nor
shall any unauthorized person molest, hinder, delay or in any manner
interfere with any authorized garbage collector in the discharge of
his duties.
Each condominium association in the Village shall be responsible
for establishing compliance with this article by the owner of each
condominium unit and shall submit its plan for compliance to the Village
for approval and shall submit for approval of the Village any changes
in such plan. Such plan may provide for the purposes of this article.
Each condominium unit shall be treated the same as a single residential
dwelling or the entire condominium shall be treated for such purposes
as a multifamily dwelling. In approving such a plan, the Village shall
consider which plan under the circumstances would better promote the
purpose of this article.
Nothing in this article is intended to apply to the disposal
of or the accumulation of agricultural or farm wastes, products or
feed accumulated upon property used in the ordinary course of farming.
It is expected that from time to time federal and state statutes
and regulations will require that items other than the items which
have been deemed to be recyclable herein shall be recycled. In such
event, this article shall be deemed to include and shall require such
other items to be recyclable hereunder.
A.
Penalties. Any person who shall violate any of the provisions of
this article shall be subject to a penalty which shall be as follows:
(1)
First offense. Any person found in violation of any provision of
this article as a first offender shall receive a warning notice requiring
compliance and may be subject to having refuse in violation of the
provisions herein not collected.
(2)
Second and subsequent offenses. Any person found guilty of violating any part of this article who has previously been notified of being in violation or has been convicted of violating the same article within one year shall, upon conviction thereof, by subject to a forfeiture as provided in Chapter 1, Article I, of this Code.
B.
Each day a separate offense. Each violation and each day a violation
continues or occurs shall constitute a separate offense. Nothing in
this article shall preclude the Village from maintaining any appropriate
action to prevent or remove a violation of any provision of this article.
It shall be unlawful to transport any solid waste in any vehicle
which permits the contents to blow, sift, leak or fall therefrom.
If the spillage does occur, the collection crew shall immediately
return spilled materials to the collection vehicle and shall properly
clean, or have cleaned, the area. All vehicles used for the collection
and transportation of solid waste shall be durable, easily cleanable
and leakproof, if necessary, considering the type of waste and its
moisture content. Collection vehicles shall be cleaned frequently
to prevent nuisances and insect breeding and shall be maintained in
good repair.
[Adopted 11-22-2004 as
Title 8, Ch. 3, of the 2004 Code]
A.
Title. The title of this article is the "Recycling Ordinance for
the Village of Athens."
B.
Purpose. The purpose of this article is to promote recycling, composting,
and resource recovery through the administration of an effective recycling
program, as provided in § 287.11, Wis. Stats., and Ch. NR
544, Wis. Adm. Code.
C.
Statutory authority. This article is adopted as authorized under
§ 287.09(3)(b), Wis. Stats.
D.
Abrogation and greater restrictions. It is not intended by this article
to repeal, abrogate, annul, impair or interfere with any existing
rules, regulations, ordinances or permits previously adopted or issued
pursuant to law. However, whenever this article imposes greater restrictions,
the provisions of this article shall apply.
E.
Interpretation. 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
Wisconsin Statutes. 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 Wisconsin Statutes, or by a standard in Ch. NR 544, Wis.
Adm. Code, and where the provision in this article is unclear, the
provision shall be interpreted in light of the Wisconsin Statutes
and the Ch. NR 544, Wis. Adm. Code, 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.
F.
Applicability. The requirements of this article apply to all persons
within the Village of Athens.
G.
Administration. The provisions of this article shall be administered
by the Village of Athens Village Board and its designees.
For the purpose of this article, the following terms shall have
the meanings indicated:
Includes used beverage cans only.
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
The contractor selected by the Village to collect solid waste.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Includes container glass only. "Glass" does not include ceramic
cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant
glass such as pyrex, lead-based glass such as crystal, or television
tubes.
Includes corrugated cardboard only; it does not include waxed
cardboard or chipboard such as cereal boxes, shoe boxes, and similar
materials.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
Includes all waste resulting from the use, preparation, cooking
or consumption of food.
Any substance or combination of substances, including any
waste of a solid, semisolid, or gaseous form, which may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness or which may pose a substantial
present or potential hazard to human health or the environment because
of its quantity, concentration or physical, chemical or infectious
characteristics. This term includes but it not limited to substances
which are toxic, corrosive, flammable, irritants, strong sensitizers
or explosives as determined by the Village.
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, oven, refrigerator or stove,
residential and commercial furnaces, boilers, dehumidifiers and water
heaters, and allowing the disposal of microwaves if the capacitor
has been removed.
Includes all grades of papers, including white, colored,
ledger, shiny, coated, carbonless or NCR papers; envelopes, including
windowed, labeled, and kraft; magazines, phone books, computer printout
paper, glued pads and tablets, file folders, key punch cards, post-it
notes, spiral notebooks, cereal boxes, shoe boxes, etc.; can include
paper clips and staples; does not include hand towels or other paper
products from rest rooms or soiled napkins and paper plates; also
does not include carbon paper, cellophane, or any waxed paper.
A property containing five or more residential units, including
those which are occupied seasonally.
Includes newspapers and newspaper advertisements printed
on newsprint, but does not include catalogues, magazines, cardboard,
or other paper products.
Any material other than a recyclable material and includes
garbage, rubbish and other solid waste, including but not limited
to ashes, plastic material other than the type included within recyclable
materials, ceramics, broken glass of all types, window glass, Styrofoam,
pyrex, light bulbs, mirrors, china, waxed paper, waxed cardboard,
furniture, carpeting, used clothing and other materials not defined
as recyclable materials for purposes of this article.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper generally accepted as high grade. This
term does not include industrial process waste.
Plastic resins labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
Includes only plastic bottles clearly marked with the recycling
emblem, encircling the number one (PET or PETE) or the number two
(HDPE); does not include motor oil bottles, even if they are labeled
"No. 1" or "No. 2."
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 291.01(7), Wis.
Stats., waste from construction and demolition of structures, scrap
automobiles, or high-volume industrial waste, as defined in § 289.01(17),
Wis. Stats.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Includes lead acid batteries, major appliances, waste oil,
yard waste, aluminum containers, corrugated paper and other container
board, glass containers, magazines, newspapers, office paper, rigid
plastic containers, including those of PETE and HDPE, steel containers,
waste tires and bimetal containers.
Generally means high-density polyethylene and polyethylene
terephthalate plastic containers and specifically means any plastic
containers described as recyclable on the list maintained at the office
of the Village Clerk, which list is incorporated herein by reference
and is subject to revision and updating at any time.
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
Includes tin-coated metal cans and steel containers.
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.
A.
Materials to be separated. Occupants of single-family and two- to
four-unit residences, multiple-family dwellings and nonresidential
facilities and properties shall separate the following materials from
postconsumer waste:
(1)
Aluminum cans.
(2)
Container glass.
(3)
Corrugated cardboard.
(4)
Mixed papers.
(5)
Newspapers.
(6)
Plastic bottles No. 1 and No. 2.
(7)
Tin cans.
(8)
Waste tires.
(9)
Major appliances.
(10)
Waste oil.
(11)
Lead acid batteries.
(12)
Yard waste.
(13)
Foam polystyrene packaging.
(14)
Plastic containers made of PETE No. 1 and HDPE No. 2.
(15)
Plastic containers or bottles made of PVC (No. 3), LDPE (No.
4), PP (No. 5), PS (No. 6), and mixed or other plastic resin types
(No. 7).
B.
Separation standards. All recyclable material shall be separated
from other garbage and refuse, separated from nonrecyclable material.
Occupants of single-family and two- to four-unit residences, multiple-family
dwellings and nonresidential facilities and properties shall separate
the following materials from postconsumer waste:[1]
(1)
Aluminum cans. Aluminum cans shall be empty.
(2)
Container glass. Container glass shall be cleaned, with caps and
neck rings removed. Labels can remain on glass. Glass must be color
separated into clear, brown and green; place blue glass with green
glass. Glass should not be broken.
(3)
Corrugated cardboard. Corrugated cardboard shall be clean and must
be flattened and bundled in bundles.
(4)
Mixed papers. Mixed papers shall be bundled in bundles or placed
in a brown paper grocery bag.
(5)
Newspapers. Newspapers shall be bundled in bundles or placed in a
brown paper grocery bag.
(6)
Plastic bottles. Caps must be removed. Labels can remain on plastic.
Clean and flatten all bottles.
(7)
Tin cans. Tin cans shall be clean, labels must be removed, both ends
must be cut out, and cans must be flattened. Cut out ends are recyclable.
Tin cans with molded or round bottoms can be recycled without the
molded or round bottom removed, provided that the can has been rinsed
and labels have been removed.
C.
Right not to collect. The hauler has the right to reject or leave at the curb any recyclable material that is not prepared according to the specifications of Subsection B or in educational materials provided by the contractor or the Village of Athens to the service recipients. Materials may also be rejected if not separated from solid waste or placed in the proper container or they are not designated recyclable materials for collection. The hauler also has the right to refuse to pick up any solid waste if it contains recyclable containers and materials. In such cases, the hauler shall notify in writing the generator of the materials about the reasons for rejecting the items.
The separation requirements of § 435-22 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 435-22 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel at a facility
if less than 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
A.
General care standards. To the greatest extent practicable, the recyclable materials separated in accordance with § 435-22 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
B.
Management of lead acid batteries, major appliances, waste oil, yard
waste and waste tires. Occupants of single-family and two- to four-unit
residences, multiple-family dwellings and nonresidential facilities
and properties shall manage lead acid batteries, major appliances,
waste oil, yard waste, and waste tires as follows:
(1)
Major appliances. Major appliances shall be recycled at a retail
business that sells appliances and accepts used appliances for the
purpose of recycling or at a solid waste facility that accepts appliances
for the purpose of recycling. Any fee imposed for the recycling of
used appliances shall be the responsibility of the generator.[1]
(2)
Lead acid batteries. Lead acid batteries shall be recycled at a retail
business that sells lead acid batteries and accepts used batteries
for the purpose of recycling or at a solid waste facility that accepts
batteries for recycling. Any fee imposed for the recycling of used
batteries shall be the responsibility of the generator.
(3)
Waste oil. Waste oil shall be recycled at a retail business that
sells oil or automotive products and accepts oil for the purpose of
recycling, at an oil refinery, at a solid waste facility, or at the
Village disposal site located by the wastewater treatment plant. Any
fee imposed for the recycling of used oil shall be the responsibility
of the generator.[2]
(4)
Yard waste. Yard waste shall either be home composted using an effective
backyard compost system or transported to the Village compost site
on East Degner Street. No yard waste shall be disposed of as general
waste.[3]
(5)
Waste tires. Waste tires shall be recycled at a retail business that
sells tires or automotive products or at a solid waste facility. Any
fee charged for the recycling of used tires shall be the responsibility
of the generator.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 435-22:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(3)
Provide for the collection of the materials separated from the solid
waste by the tenants and the delivery of the materials to a recycling
facility.
(4)
Notify tenants of reason to reduce and recycle solid waste, which
materials are collected, how to prepare the materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 435-22 from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 435-22:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(3)
Provide for the collection of the materials separated from the solid
waste by the users, tenants and occupants and the delivery of the
materials to a recycling facility.
(4)
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,
locations and hours of operation, and a contact person or company,
including a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 435-22 from solid waste in as pure a form as is technically feasible.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 435-22 which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the Village of Athens 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, employee or authorized representative
of the Village of Athens who requests access for purpose of inspection
and who presents appropriate credentials. No person may obstruct,
hamper, or interfere with such an inspection.
B.
Any person who violates a provision of this article may be issued
a citation by a Village of Athens law enforcement officer or other
authorized Village official. The issuance of a citation shall not
preclude proceeding under any other ordinance or 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 subsection.
