[HISTORY: Adopted by the Village Board of the Village of
Tigerton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-5-1988 as Title 6, Ch. 3, of the 1988 Code]
A.
Title. This article shall be known as the "Solid Waste Management
Ordinance of the Village of Tigerton, Wisconsin," hereinafter referred
to as "ordinance" or "article."
B.
Garbage and refuse collection service. All garbage and refuse collection
service shall be provided by private firms under contract with the
Village providing such services or by Village personnel.
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.
For the purposes of this article, the following words and phrases
shall have the meanings given herein unless different meanings are
clearly indicated by the context.
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.
The act of removing solid waste from the storage area at
the source of generation.
The back edge of curb and gutter along a paved street or
where one would be if street was paved and had curb and gutter.
That portion of solid wastes consisting of wastes from the
repair, remodeling or reconstruction of buildings, such as lumber,
roofing and sheathing scraps, rubble, broken concrete, asphalt and
plaster, conduit, pipe, wire, insulation and any 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 land site where solid waste is disposed of in a manner
that does not protect the environment.
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 the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit or vegetables.
Those wastes such as toxic, radioactive or pathogenic substances
which require special handling to avoid illness or injury to persons
or damage to property and the environment.
Waste material, except garbage, rubbish and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Solid waste scattered about in a careless manner, usually
rubbish.
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of four or more dwelling units.
Individuals, firms, corporations and associations, and includes
the plural as well as the singular.
Collection services provided by a person licensed to do 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, newspapers, cardboard, metals (aluminum, steel, tin,
brass, etc.).
Includes all waste material except garbage, rubbish and industrial
waste and shall, by way of enumeration but not by way of limitation,
include grass, leaves, sticks, tree branches and logs, stumps, stone,
cement, boards, furniture or household appliances, 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 less 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, tin cans, bottles, rags, paper, cardboard, sweepings.
The uncontrolled removal of materials at any point in solid
waste management.
Garbage, rubbish and other useless, unwanted or discarded
material from agricultural, residential, commercial, industrial or
institutional activities. Solid waste does not include solid or dissolved
material in domestic sewage.
The interim containment of solid waste in an approved manner
after generation and prior to collection and ultimate disposal.
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection day.
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 materials from any containers
which have become ruptured or broken due to wet conditions, animals,
vandalism or other cause. The occupant and/or owner shall be responsible
for cleaning up this litter. Litter not collected shall not be allowed
to accumulate. Violation will result in the occupant and/or owner
being notified to clean up his area, with continued violation resulting
in the owner being prosecuted under the provision of this and other
Village ordinances.
A.
General container standards. Unless provided by the solid waste hauler,
suitable containers of a type approved by the Village shall be provided
by the property owner or tenant in which to store all solid waste
except for bulky or certain yard wastes as provided for herein. Containers,
in order to be approved, shall provide for efficient, safe and sanitary
handling of solid wastes. 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.[1]
B.
Approved containers. Approved residential solid waste containers
shall consist of metal or plastic containers with tight-fitting covers
and suitable handles, commonly referred to as "garbage cans," or plastic
garbage bags which are closed by means of a tie. Approved containers
shall be maximum thirty-gallon size. Container, including contents,
shall not exceed in weight that which one person can safely lift (50
pounds). Metal garbage cans shall be of sufficient thickness to resist
denting during normal handling by collection crews. Plastic garbage
cans shall consist of plastic material not damaged by freezing and
not susceptible to melting. They shall be capable of being handled
during hot and cold weather without damage during normal handling
by collection crews. Plastic bags shall be of sufficient strength
to allow lifting and loading of contents without tearing. Each unit
will be allowed to dispose of rubbish (not garbage) in small cardboard
boxes (no more than nine cubic feet in volume), provided the contents
therein are covered and secured, as well as newspapers and magazines,
as long as they are tied into bundles a maximum of 10 inches high.
Should bundles, cardboard boxes and/or contents, because of weather
conditions, become wet and soaked, they will not be collected but
must be stored by the owner in an approved container for collection
on the next collection day. Cardboard boxes will be considered disposable
and will not be emptied and returned to the curb.
C.
Defective containers. All garbage cans incapable of continuing to
meet the definition of an approved container because of damage, loss
of handles, or other factors shall be tagged by the collection crew.
The collection crew will also leave notification of the defects on
the premises. Where garbage cans from several residential units are
placed for collection at the same location, the garbage cans shall
be identified with the address number so ownership can be determined.
D.
Illegal containers. Containers not approved consist of metal barrels
and drums, wooden or cardboard barrels, wheelbarrows and other such
containers not approved by this article. These containers will not
be emptied regardless of contents or weight.
A.
Placement for collection. 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. Yard and 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 snowbank, 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 public right-of-way 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.
B.
Restriction on time of placement. 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 6:00 p.m. of the evenings prior to the regular collection time the following day. All receptacles and containers for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time. 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.
A.
Dead animals. It shall be unlawful to place any dead animal, or parts
thereof, in a container for collection; provided, however, this section
shall not apply to animal parts from food preparation for human consumption.
B.
Undrained food wastes. It shall be unlawful to place any garbage
or other food wastes in a container for collection unless it is first
drained and wrapped.
C.
Ashes. It shall be unlawful to place ashes for collection.
D.
Improper placement. It shall be unlawful to place, or allow to be
placed, any solid waste upon the roads, streets, public or private
property within this municipality contrary to the provisions of this
article.
E.
Compliance with article. It shall be unlawful to store, collect,
transport, transfer, recover, incinerate or dispose of any solid waste
within the boundaries of this locality contrary to the provisions
of this article.
F.
Improper transportation. It shall be unlawful to transport any solid
waste in any vehicle which permits the contents to blow, sift, leak
or fall therefrom. If 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.
G.
Interference with authorized collector. No person other than an authorized
collector shall collect or interfere with any garbage 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.
H.
Scavenging. It shall be unlawful for any person to scavenge any solid
waste placed for collection.
I.
Private dumps. It shall be unlawful for any person to use or operate
a dump.
J.
Burning of waste. It shall be unlawful for any person to burn solid
waste in any manner, except as provided elsewhere in this Code.
K.
Feeding of food waste to animals. It shall be unlawful for any person
to engage in the feeding of food waste to animals for commercial purposes.
M.
Animal or human wastes. It shall be unlawful for any person to place
animal wastes and/or human wastes for collection. These wastes should
be disposed of in plastic bags or in the sanitary sewer system. Such
items as "kitty litter" may be placed for collection if animal wastes
are removed prior to disposal.
N.
Hospital wastes. It shall be unlawful for any person to place for
collection any pathogenic hospital wastes. Such items as needles and
syringes may be disposed of as long as they are contained to eliminate
injury to collection crews.
O.
Building waste. All waste resulting from remodeling, construction
or removal of a building, roadway or sidewalk shall be disposed of
by the owner, builder or contractor. No license required if done by
owner, contractor or builder.
The accumulation or deposit of garbage, trash or putrescible
animal or vegetable matter in or upon any lot 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 other animals, or which otherwise
becomes injurious to the public health, is prohibited and declared
to constitute a nuisance.
It is unlawful for any person, firm or corporation to place,
deposit or cause to be deposited for collection any waste or refuse
not generated within the corporate limits of the Village of Tigerton
or Towns of Fairbanks and Germania. All persons meeting the requirements
of this section must first be issued a landfill card issued by the
Village Clerk-Treasurer.
[Added 1-6-2003]
The terms of any contract entered into between the Village of
Tigerton and a waste hauler are hereby incorporated and made a part
of this Code.
[Adopted 5-2-2016]
The title of this article is the "Recycling Ordinance for the
Village of Tigerton."
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.
This article is adopted as authorized under § 287.09(3)(b),
Wis. Stats.
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.
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 ordinance provision is unclear, the provision shall be interpreted
in light of the Wisconsin Statutes and the Ch. NR 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.
The requirements of this article apply to all persons within
the Village of Tigerton and Tigerton Township.
The provisions of this article shall be administered by the
Village of Tigerton Village Board and its designees.
For the purpose of this article, the following terms shall have
the meanings indicated in this section:
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 TV
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 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 SPI Code No. 2.
Low-density polyethylene, labeled 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 restrooms 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 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 SPI Code No. 1.
Includes only plastic bottles clearly marked with the recycling
emblem, encircling the number 1 (PET or PETE) or the number 2 (HDPE);
does not include motor oil bottles, even if they are labeled number
1 or number 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(12),
Wis. Stats.
Polypropylene, labeled SPI Code No. 5.
Polystyrene, labeled SPI Code No. 6.
Polyvinyl chloride, labeled 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.
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-Treasurer, 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.
Recyclable materials designated. All recyclable material shall
be separated from other garbage and refuse and be separated from nonrecyclable
material. Nonrecyclables shall be placed for collection in a clear
plastic bag. Recyclable plastic and glass shall be placed in the blue
recycling container and may be commingled. Occupants of single-family
and two-to-four-unit residences, multiple-family dwellings and nonresidential
facilities and properties shall separate the following materials from
post-consumer waste:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines.
K.
Newspaper.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and
other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 468-19, Separation of recyclable materials, do not apply to the following:
A.
Occupants of single-family and two-to-four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 468-19 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.
Care of separated materials. To the greatest extent practicable, the recyclable materials separated in accordance with § 468-19, Separation of recyclable materials, 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 and
yard waste. Occupants of single-family and two-to-four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil and
yard waste as follows:
(1)
Lead acid batteries shall be returned to area retail businesses that
sell vehicle batteries.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 468-19:
(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 reasons to reduce and recycle solid waste, which
materials are collected, how to prepare the materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 468-19 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 § 468-19:
(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 post-consumer 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 § 468-19 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 § 468-19 which have been separated for recycling, except 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 Tigerton may inspect recyclable materials separated
for recycling, post-consumer waste intended for disposal, recycling
collection sites and facilities, collection vehicles, collection areas
of multiple-family dwellings and nonresidential facilities and properties,
and any records relating to recycling activities, which shall be kept
confidential when necessary to protect proprietary information. No
person may refuse access to any authorized officer, employee or authorized
representative of the Village of Tigerton 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 Tigerton 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.
