[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 8, Ch. 3, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent amendments noted where applicable.]
A.
Title. The title of this chapter is the "Recycling Ordinance for
the Village of Winneconne."
B.
Purpose. The purpose of this chapter 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. It is intended by this chapter to establish regulations
that reduce the amount of solid waste and other disposables in landfills
and thus protect the public health and welfare and the environment.
It is further intended by this chapter to comply with mandatory recycling
legislation by implementing regulations enacted by the State of Wisconsin,
including Chapter 287, Wis. Stats., as may be amended from time to
time. To the extent permitted by law, this chapter is intended to
serve as a municipal waste flow control ordinance in conjunction with
program activities of Winnebago County and its Solid Waste Management
Board.
C.
Statutory authority. This chapter is adopted as authorized under
§ 287.09(3)(b), Wis. Stats.
D.
Abrogation and greater restrictions. It is not intended by this chapter
to repeal, abrogate, annul, impair or interfere with any existing
rules, regulations, ordinances or permits previously adopted or issued
pursuant to law. However, whenever this chapter imposes greater restrictions,
the provisions of this chapter shall apply.
E.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements and shall
not be deemed a limitation or repeal of any other power granted by
Wisconsin. Statutes. Where any terms or requirements of this chapter
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this chapter 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 chapter,
or in effect on the date of the most recent text amendment to this
chapter.
F.
Applicability. The requirements of this chapter apply to all persons
and entities within the Village of Winneconne.
G.
Administration. The provisions of this chapter shall be administered
by the Winneconne Village Board and its designees.
For the purpose of this chapter:
Includes used beverage cans only.
A container for carbonated or malt beverages, which 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.
An individual or entity that collects and disposes of solid
waste and recyclable materials from residences, schools, businesses,
and churches.
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, and discarded animal feces.
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 is not limited to, substances
which are toxic, corrosive, flammable, irritants, strong sensitizers
or explosives as determined by the Village. "Hazardous waste" shall
also include such substances, materials, and waste which are regulated
under any applicable local, state, or federal law including, but without
limitation, any material, waste, or substance which either:
High-density polyethylene, labeled by the SPI Code #2.
Low-density polyethylene, labeled by the SPI Code #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.
Garbage, refuse and other solid waste from residential, commercial,
industrial, and community activities which is generated and collected
in aggregate, but does not include auto hulks, street sweepings, ash,
construction debris, mining waste, sludge, tree and agricultural waste,
tires, lead-acid batteries, waste engine oil, hazardous and other
materials collected, processed, and disposed of as a separate waste
stream.
Includes all grades of papers, including: white, colored,
ledger, shiny, coated, carbonless or NCR papers; envelopes, including
windowed, labeled, and craft; 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 chapter.
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 #7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131, Wis. Stats.,
state agency or authority or federal agency.,
Polyethylene terephthalate, labeled by the SPI Code #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 #1 or
#2.
An individual, separate and rigid bottle bottle, can, jar
or carton made from plastic, except for a blister pack as defined
in § 100.33(1)(ad), Wis. Stats., as may be amended from
time to time, that is originally used to contain a product that is
a subject of retail sales defined in § 100.30(2)(h), Wis.
Stats., as may be amended from time to time.
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 #5.
Polystyrene, labeled by the SPI Code #6.
Polyvinyl chloride, labeled by the SPI Code #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.
All matters produced from industrial or community life, subject
to decomposition, not defined as sewage or wastewater. This term does
not include appliances, stones, concrete, dirt, plaster, tires, batteries,
antifreeze, waste engine oil, yard waste and building and demolition
materials.
Has the meaning specified in § 289.01(33), Wis.
Stats. "Solid waste" also means garbage, refuse, recyclable materials
and all other discarded or salvageable solid materials, including
solid waste materials resulting from industrial, commercial, and agricultural
operations, and from domestic use and public service activities, except
hazardous waste.
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.
Any oil which was used in an internal combustion engine.
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 three inches
in diameter. This term does not include stumps, roots or shrubs in
excess of three inches with intact root balls.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All residences, schools, businesses, and churches in the Village
shall use a contract hauler for the collection of mixed municipal
solid waste and recyclable materials. Collection days and hours of
collection shall be established by resolution of the Village Board.
The Village and/or licensed contract hauler shall establish
collection fees for both mixed municipal solid waste and recyclable
materials on the basis of volume or weight. All licensed contract
haulers providing collection service in the Village shall provide
the Village Board with a copy of its fee structure upon implementation
of its services.
A.
No recyclable materials as described in this chapter shall be placed
in mixed municipal solid waste containers designated for landfill
disposal. Leaves, grass clippings, yard waste, trees and tree limbs
are also prohibited from the mixed municipal solid waste stream. These
materials shall be deposited at the Village's compost site, or other
legal methods.
B.
Appliances, lead-acid batteries, tires, waste engine oil, dirt, sand,
gravel, ash, rock, and hazardous waste are also prohibited from the
mixed municipal waste stream as determined by the Winnebago County
Solid Waste Board.
All contract haulers shall offer residential curbside and business
site collection of recyclable materials a minimum of one occasion
per week. Residential collection of recyclable materials shall occur
on the same day as mixed municipal waste collection. Recyclable materials
shall be collected and delivered to appropriate recycling facilities
by all contract haulers. All recyclable materials shall be separated
by contract haulers in accordance with the procedures set forth by
the recycling facility. All contract haulers shall provide the Village
with monthly statements that itemize by type all garbage/refuse and
recyclable materials collected and disposed of by the contract hauler.
A.
Waste storage. It is recommended that solid waste shall be stored
to the rear of a dwelling or out of plain view.
B.
Placement.
(1)
All solid waste must be placed at the curb or alley line for collection,
but not before 4:00 p.m. of the date preceding a regularly scheduled
collection or a previously announced date for collection of recyclable
materials. All containers shall be returned to the point of storage
within 12 hours after collection.
(2)
Containers must be set out by 6:00 a.m. on the day designated for
collection.
A.
Disposal containers. All garbage shall be drained and wrapped in
paper. All refuse and garbage shall be stored in durable containers
not to exceed 30 gallons in capacity. A container shall be nonrusting
metal, nonbreakable plastic or rubber with tight-fitting covers and
undamaged lifting handles. Plastic bags shall be considered an adequate
container for garbage for collection at the curb, provided that the
bags have a thickness of no less than 1.3 mils, said bags are designed
for this use, and are properly secured. No other containers are permitted
unless expressly approved by the Village Board. The total weight of
the container and the material shall not exceed 50 pounds.
B.
Use of dumpsters. Except as otherwise expressly prohibited by this
chapter, solid waste may be placed in larger mechanical containers
provided that said containers are adaptable to the mechanical dumping
devices currently in use by the Village of Winneconne or contract
hauler. Mechanical containers shall be limited to one cubic yard capacity
unless approval has been given by the Village Board. Any new multiunit
residencies are required to possess dumpsters for all tenants that
will be visually screened from any streets by proper fencing.
C.
Service base level. The base level of service for residential collection
of garbage and refuse by the Village shall not exceed two thirty-gallon
cans or the equivalent thereof per week. The base level of service
for schools, businesses, and churches shall not exceed 1.5 cubic yards
or the equivalent thereof per pickup. It shall be the owner's responsibility
to arrange for disposal of solid waste in excess of the base level
of service.
D.
Containers to be kept sanitary. The owners of all containers shall
keep them clean and in a sanitary condition. Maintenance and repair
of all containers shall be the responsibility of the owner.
E.
Ashes. Ashes shall be placed in plastic bags of not less than two
mils thickness. No more than 25 pounds of ashes shall be placed in
each bag. Ashes must be thoroughly extinguished.
F.
Animal feces. Animal feces shall be wrapped in paper and placed in
a disposable container.
G.
Hazardous material. Hazardous waste, pesticides, acids, caustics,
infectious wastes, radioactive materials, flammable or explosive materials,
liquid point, waste cooking and waste engine oil, lead-acid batteries,
tires, antifreeze, other hazardous wastes, as well as other similar
chemicals and potentially harmful wastes requiring special handling
and disposal to protect and conserve the environment will not be collected
and shall not be mixed with other solid waste collected by the Village.
A.
Collection containers for recyclables. Recyclable materials, except
when otherwise are to be separated from the solid waste as required
in this chapter, shall be placed only in containers not to exceed
30 gallons in capacity nor 50 pounds in weight. The Village Board
shall designate and publicize the approved specifications for these
containers.
B.
Waste oil. Disposal of waste engine oil, which shall be free of all
contaminants, solvents, and hazardous materials, shall be permitted
at county-designated collection sites.
C.
Yard waste.
(1)
Yard waste shall not be allowed in the solid waste stream and will
not be picked up. Such waste shall be deposited only at Village-designated
collection sites during designated hours and dates set by the Director
of Public Works with a fee as determined by Village Board. Such waste
shall be deposited loose and only during the hours posted at that
collection site. These collection sites shall be used only by Village
residents or permitted commercial haulers. Yard waste, which is brought
to the dropoff center, shall not exceed three inches in diameter and/or
six feet in length. A deposit of stumps, stones and dirt shall be
prohibited at the collection center.
D.
Appliances. Appliances and other items containing metal which include,
but are not limited to engines, car parts, swing sets, piping, springs,
lawn mowers and bicycles which require special arrangements for pickup
must be kept separate from all other solid waste. No person, property
owner, or occupant or person in charge of the property shall place
such items for pickup and disposal by the Village unless the person
has previously arranged for a special pickup of such items by payment
in person of a special pickup charge to the Village Clerk-Treasurer
at the Village Hall, said charge as established by Village Board.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 453-3:
(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)
Make arrangements with the tenants for the collection of recyclable
materials from the tenants by contract haulers authorized by the Village
and delivery to a recycling facility by said contract haulers.
(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 site, 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 designate 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 designated recyclables 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 § 453-3:
(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)
Make arrangements with the users and occupants for the collection
of recyclable materials from the users and occupants by contract haulers
authorized by the Village and delivery to a recycling facility by
said contract haulers.
(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 designate 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 designated recyclables from solid waste in as pure a form as is technically feasible.
Private parties, firms or corporations may be authorized by
the Village Board, on a revocable basis, to collect refuse at no cost
to the Village, provided that such collection is performed in accordance
with the provisions of this chapter and produces no objectionable
conditions in and on the streets of the Village.
A.
No person residing outside the Village limits shall bring into the
Village for disposal any garbage, refuse or other items of a combustible
or noncombustible nature.
B.
Any person violating the provisions of this section shall be assessed
the actual cost incurred by the Village for proper disposal, together
with an administrative charge as determined by the Village Board for
each disposal. Such costs shall be in addition to any forfeiture assessed
for violation of this chapter. The imposition and collection of any
forfeiture prescribed by this chapter shall not bar the right of the
Village to collect the costs of disposal as herein provided.
A.
For the purpose of ascertaining compliance with the provisions of
this chapter, any authorized officer, employee or representative of
the Village of Winneconne 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 Winneconne 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 chapter may be issued
a citation by a Village of Winneconne 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.
C.
Any person who violates this chapter may be assessed a penalty.
