[HISTORY: Adopted by the Village Board of the Village of
Barneveld as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-6-1993 as
§ 11.07 of the 1993 Code]
Every residence, residential unit, place of business, industry,
commerce or other place providing goods or services of any type shall
cooperate in the collection of garbage, by performing according to
this article.
As used in this article, the following terms shall have the
associated meanings:
The pickup and collecting of all garbage and refuse which
is deposited in standard containers or which is securely tied in bundles
of appropriate size and weight and set at or near the curb or street
edge at single or double dwellings within the corporate limits of
the municipality. Collection shall also include the transporting of
such garbage and refuse to a sanitary landfill licensed and approved
by the State Department of Natural Resources.
The person or persons specifically authorized by the Village
Board to collect garbage, rubbish and recyclable materials and dispose
of the same.
A business operating wholly or partly within the municipality
boundaries and all residences or houses having more than two families
occupying it and all single dwelling units more than three boarders
or roomers living there being wholly or partly within the municipality
boundaries.
Disposal of any material collected or brought to the sanitary
landfill site, such disposal to be done in accordance with all Village,
county, state and federal regulations.
A separate dwelling place or residence with a kitchen, housing
one or two families.
A manufacturing operation or its equivalent operating wholly
or partly within the municipality boundaries.
All Pyrex glass, light bulbs, mirrors, broken glass and china,
all styrofoam and melamine-type plastics, all waxed paper, waxed cardboard,
napkins and Kleenex™, television tubes, egg cartons, disposable diapers, garbage
and rubbish not defined as recyclable material.
As defined in Article II of this chapter.
A can or container of not more than 30 gallons capacity which
has a tight-fitting lid and which is waterproof or a plastic garbage
bag of suitable strength and not to exceed the same size and capacity.
Contractor shall not be obligated to pick up or to empty bundles or
containers weighing over 50 pounds each.
All containers and bundles shall be at the curb or near the
street edge for collection by the contractor by 7:00 a.m. on the day
designated by the contractor for collection.
All recycling materials shall be separated from other garbage.
Garbage shall be picked up every Friday.
Branches, limbs and tree cuttings from trees, shrubs and brush
shall be disposed of by the resident; disposal site provided by the
Village.
Leaves and lawn raking shall be disposed of by the resident;
disposal site provided by the Village.
All rules and regulations from time to time adopted by the Village
Board and pertaining to the collections and disposal of garbage, rubbish
and recyclable material shall take effect upon publication in the
manner of an ordinance.
The collector may refuse to furnish collection service to any
person who fails or refuses to comply with any provision of this article
or any rule or regulation in furtherance hereof.
[Adopted as § 11.08 of the 1993 Code]
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., and the Village of Barneveld Board.
It is not intended by this article to repeal, abrogate, annul,
impair or interfere with
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.
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.
Occupants of single-family and two-unit residences, multiple-family
dwellings and nonresidential facilities and properties shall separate
the following materials from postconsumer waste:
B.
Lead batteries, major appliances, waste oil, yard waste, aluminum
containers, bimetal containers, corrugated paper or other container
board, foam polystyrene packaging, glass containers, magazines, newspaper,
office paper, rigid plastic containers made of PETE, HDPE, PVC, LDPE,
PP, PS and other resins or multiple resins, steel containers and waste
tires.
To the greatest extent practicable, the recyclable materials separated in accordance with § 220-18 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.
Occupants of single-family and multiple-family dwelling and
nonresidential facilities and properties shall manage lead acid batteries,
major appliances, waste oil and yard waste as follows:
A.
Lead acid batteries shall be disposed of properly by the individual.
B.
Major appliances can be disposed of by the contractor. The individual
must contact the contractor to inform them of the pickup. There is
a fee, set by the contractor for appliances.
C.
Waste oil shall be disposed of properly by the individual.
D.
Yard waste shall be dropped off at the Village's compost pile.
Tree branches and large brush clippings shall be dropped off at the
Village's brush pile.
Except as otherwise directed by the Village of Barneveld, occupants
of single and two-unit residences shall do the following for the preparation
and collection of the separated materials in s. 1.11(5) through (15):[1]
A.
Aluminum cans, bimetal containers, foam polystyrene packaging, glass
containers, rigid plastic containers including: PETE, HDPE, PVC, LDPE,
PP, PS, other resins or multiple resins, steel containers shall be
clean and placed in the provided recycling bin.
B.
Corrugated paper, magazines, newspapers and office paper shall be
bundled separately.
C.
Waste tires shall be disposed of properly by the individual.
[1]
Editor's Note: So in original.
A.
Owners or designated agents of multiple-family dwellings shall do
all the following to recycle the materials specified in s. 1.11(5)
through (15):[1]
(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 users, tenants and occupants of reasons to reduce and recycle,
which materials are collected, how to prepare 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.
[1]
Editor's Note: So in original.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in s. 1.11(5) through (15)[2] from solid waste in a pure as form as is technically feasible.
[2]
Editor's Note: So in original.
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 s. 1.11(15) through (15)[1] which have been separated for recycling, except waste
tires may be burned with energy recovery in a solid waste treatment
facility.
[1]
Editor's Note: So in original.
Chapters SPS 361 through 366, Wis. Adm. Code. A person in the
Village of Barneveld owning or occupying a new building or a building
that is remodeled or expanded by 50% or more in floor area, shall
provide a designated area for the separation, temporary storage and
collection of solid waste and recyclables either within or adjacent
to the building.
No person or corporation shall engage in the business of hauling
recyclables within the Village of Barneveld without being licensed
by the DNR under section NR 502.06, Wis. Adm. Code.
Any contractor operating in the Village of Barneveld shall not
transport for processing any recyclables to a processing facility
unless that facility has been approved by the Village of Barneveld
and, by January 1, 1995 the facility has self-certified with the Wis.
DNR under section NR 544.16, Wis. Adm. Code.
Section 16.72(2)(e) and (f), Wis. Stats. The Village of Barneveld
shall, to the extent practicable, make purchasing decisions to maximize
the purchasing of products made from recycled and recovered materials.
Purchases shall include 25% recycled content of all paper purchased
by 1993 and 40% content of all paper by 1995. The Village of Barneveld
shall, to the extent practicable, award contracts for equipment and
supplies on the basis of recyclability and ultimate disposition of
products to discourage the purchase of single-use disposable products
and require purchase of multiple-use, durable products.
A.
Antiscavenging or unlawful removal of recyclables. It shall be unlawful
for any person, unless under contract with or licensed by the municipality,
to collect or remove any recyclable material that has been deposited
or placed at the curb or in a container adjacent to a home or nonresidential
building for the purposes of collection for recycling.
B.
No dumping. It shall be unlawful for any person to dispose of or
dump garbage in any street, alley or other public place within the
Village of Barneveld or in any receptacles or private property without
the owner's consent unless it is placed in bags or containers
in the manner and at the times specified by this article. No person
shall place for collection any garbage at the curb not owned or occupied
by such person.
C.
No burning or burying. It shall be unlawful to burn or bury solid
waste and recyclables by residential and nonresidential sectors and
at construction sites.
D.
Nondisposable materials. It shall be unlawful for any person to place
for disposal any of the following wastes: hazardous and toxic wastes,
chemicals, explosives, flammable liquids, paint, trees and stumps,
construction debris, carcasses, medical wastes (unless personal needles
which shall be contained in cardboard to eliminate injury to collection
personnel).
E.
Garbage from outside of municipality. It shall be unlawful to bring
refuse for disposal (and recyclables) from outside the corporate limits
into the Village of Barneveld unless authorized by agreement with
the municipality.
Haulers may not dispose in a landfill or burn in a solid waste
facility any recyclable materials generated in the Village of Barneveld
that have been separated for recycling. Haulers shall not compact
glass with papers during collection and transport of recyclables to
a processing facility or market, and shall maintain materials in marketable
condition.
The hauler has the right to reject or leave at the curb any recyclable material that is not prepared according to the specifications in § 220-21 or in education material provided by the contractor to the service recipients. Materials may also be left if not separated from solid waste, placed in the proper container, or 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 or material. In such cases, the hauler or attendant shall notify the generator of the materials about the reasons for the rejecting the items in writing. The hauler shall also keep a list of such occurrences and provide it to the Village of Barneveld quarterly.
Haulers who collect solid waste or recyclables in the Village
of Barneveld for storage, treatment, processing, marketing or disposal
shall obtain and maintain all necessary municipal and state permits,
licenses and approvals prior to collecting any materials in the Village
in Barneveld.
The recycling haulers and processors operating in the Village
of Barneveld are required to maintain records and report, in writing,
to the Village Clerk at least twice each year. Reports shall include
the amount of solid waste and recyclables collected and transported
from the Village of Barneveld; the amount of solid waste and recyclables
processed and or marketed by item type from the Village of Barneveld;
and the final disposal location of solid waste and recyclable material.
Failure to report shall be cause for the Village to revoke any license
or sever any contract with the hauler.
The Village shall establish fees for service recipients for
the payment of collection services for solid waste and recyclables.
Fees shall be assessed on a household basis and be charged on as a
line item on taxes pursuant to section § 66.0627 Wis. Stats.
on a yearly basis.
Recyclable materials and refuse, upon placement at the curb,
shall become the property of the hauler. Recyclable materials, upon
collection by any permitted collector, shall become the property of
the contractor.
The Village of Barneveld Board reserves the right to designate
additional solid waste materials as recyclable or currently collected
materials as no longer recyclable in accordance with state law and
to either add or delete them from any collection services provided
by the Village or its contractors. The Village shall provide written
notice to its service recipients of this declaration.
The Village shall establish the time of collection of solid
waste and recyclables and the Clerk shall publish notice of the collection
schedule at least once in the spring and fall of each year and at
any time when the collection schedule is changed.
Solid waste shall be placed for collection in bags or cans not
to exceed 50 pounds per container or 30 gallons, and contained in
a manner to avoid litter. Recyclables shall be placed as herein required
at the specified collection point not sooner than 24 hours prior to
the regularly scheduled collection time or be allowed to remain at
the curb longer than 12 hours thereafter.
Except as otherwise specifically directed or authorized by the
Village Board, solid waste and recycling containers shall be placed
at the curb, adjacent to the premises owned or occupied by the person,
of the street designated in the published collection schedule for
collection. Materials shall be placed out for collections according
to the schedule days established and published by the Village.
Residents shall contact the hauler when they have couches or
bulky items and arrangements for collection will be made. Construction
material from household remodeling or repair shall be disposed of
in a dumpster. The individual must contract with the hauler themselves
for dumpster.
A.
For the purpose of ascertaining compliance with the provisions of
this article any authorized officer, employee or representative of
the Village of Barneveld 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 propriety information. No person
may refuse access to any authorized officer, employee or authorized
representative of the Village of Barneveld who requests access for
purposes 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 the Village Police Chief to collect forfeitures. The
issuance of a citation shall not preclude proceedings under any other
ordinance or law relating to the same or any other matter. Proceedings
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.
