[HISTORY: Adopted by the Board of Trustees of the Village
of Wild Rose. Amendments noted where applicable.]
All persons who receive refuse service (removal of garbage,
debris, rubbish, etc.) from the Village of Wild Rose shall be considered
as having agreed to be bound by rules and practices as herein stated
or amended.
The provisions of this chapter revision shall take effect immediately.
Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
A container for carbonated or malt beverages that are made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
Any solid waste of a substance identified as hazardous or
the container in which the hazardous substance is contained.
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, microwave oven, oven, refrigerator
or stove, a residential or commercial furnace, boiler, dehumidifier
or water heater.
A property containing three or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
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.
Any individual, owner, operator, corporation, partnership,
association, firm, company, society, or group.
Any substance or mixture of substances labeled or designed
or intended for use in preventing, destroying, repelling or mitigating
any pest, or as a plant regulator, defoliant or desiccant.
A pesticide material that has served its originally intended
purpose and is to be discarded. Cancellation of material for its intended
purpose creates a pesticide waste. Pesticide containers are also wastes.
Polyethylene terephthalate, labeled by the SPI code No. 1.
Solid waste other than solid waste generated in the production
of goods, and hazardous waste.
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 or other containerboard;
foam polystyrene packaging; glass containers; magazines; newspaper;
office paper; rigid plastic containers, including those made of PETE,
HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel
containers; waste tires; and bimetal containers.
Includes all property whose boundary lines are within 300
feet of the Village of Wild Rose.
Is mandatory.
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.
The Village Board of the Village of Wild Rose hereby establishes
a resource recovery and recycling program to promote the reduction
of solid waste by any person within the Village. The program requires
separate recovery and disposition of recyclable materials. Each person
disposing of garbage or refuse must participate in the resource recovery
and recycling program.
B.
Owners, or designated agents of said owners, of commercial, retail,
institutional and industrial facilities, are responsible for recycling
activities on their property. They will provide occupants with a collection
system and adequate storage containers for recyclables, notify occupants
how and what to recycle, and ensure that the recyclables are transported
to a recycling center, or ensure that all trash generated (including
recyclables) is collected and transported to a processing facility
that separates and recycles banned items.
C.
Owners, or designated agents of said owners, of multiple-family dwellings
are responsible for recycling activities on their property. They will
provide occupants with a collection system and adequate storage containers
for recyclables, notify occupants how and what to recycle, and ensure
that the recyclables are transported to a recycling center, or ensure
that all trash generated (including recyclables) is collected and
transported to a processing facility that separates and recycles banned
items.
This chapter shall incorporate all amendments to the statutes,
rules, and regulations of the federal government, as are promulgated
by the federal government. Any provision of this chapter that is in
conflict with, or is preempted by, said rules and regulations or statutes
shall be superseded to the extent of the inconsistency.
A.
Occupants of single-family and two- to four-unit residences, multiple-family
dwellings and nonresidential facilities and properties shall separate
and the following materials from post-consumer waste and must be recycled
through the Waushara County Collection Facility:
(1)
Aluminum containers and other aluminum items.
(2)
Bimetal containers.
(3)
Newspaper and other materials printed on newsprint.
(4)
Glass containers.
(5)
Corrugated paper or other containerboard.
(6)
Rigid plastic containers, including those made of PETE (No. 1), HDPE
(No. 2), PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and other
resins or multiple resins (No. 7).
(7)
Waste oil.
(8)
Lead acid batteries.
(9)
Major appliances.
(10)
Yard waste.
(11)
Office paper.
(12)
Steel containers.
(13)
Waste tires.
(14)
Magazines and other materials printed on similar paper.
(15)
Foam polystyrene packaging.
B.
The list of specific items of recyclable containers for household,
automotive, business and personal care products can be obtained from
the Sanitation Department.
A.
Each person disposing of garbage or refuse shall separate recyclable
materials as follows:
(1)
All household and business garbage shall be bagged in plastic or
paper bags placed inside containers provided by the Village and set
out properly at the curbside no more than 24 hours before it is picked
up.
(2)
No recyclable materials may be included with garbage.
(3)
Aluminum shall be placed with recyclables.
(4)
Newspapers and magazines shall be tied in bundles of not more than
50 pounds.
(5)
Cardboard shall be flattened, bundled and tied, with not more than
50 pounds per bundle.
(6)
Plastic bottles and containers shall be tied together by handles
or bagged in clear or transparent bags with caps removed.
(7)
Glass containers shall be rinsed clean, any lids and sealing rings
removed, and labels removed.
(8)
Office paper shall be bagged in clear or transparent bags.
(9)
Rigid plastic containers shall be rinsed clean with the labels and
lids removed.
(10)
Foam polystyrene packaging shall be bagged in clear or transparent
bags.
B.
Any recyclable material may be properly retained by a person and
disposed of through other means should he/she so desire.
To the greatest extent practicable, separated the 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.
Any person disposing of garbage or refuse shall comply with
the following:
A.
Yard waste. Compostable materials include brush under four inches
in diameter; leaves, grass, hedge clippings and garden debris. It
does not include stumps, roots, or shrubs with root balls. Leaves,
grass, hedge clippings, and garden debris must be bagged and placed
by the curb on the appropriate pickup day. Brush should also be placed
by the curbside but need not be bagged.
B.
Lead acid batteries. Shall be taken to a designated Waushara County
Waste Site. They may also be returned to stores where new batteries
are purchased, possible for a fee.
C.
Major appliances. Shall be taken to a designated Waushara County
Waste Site or may be returned to an appliance store where new items
are purchased, possible for a fee.
D.
Waste tires. Shall be taken to a designated Waushara County Waste
Site for a fee. They may also be returned to a store where new tires
are sold, also for a fee.
E.
Hazardous waste. Must be disposed of at a designated hazardous waste
disposal site.
F.
Building materials/waste. Must be disposed of at a designated disposal
site by the property owner or a licensed disposal company.
Shall be taken to a designated Waushara County Waste Site.
No person may dispose of in a solid waste disposal facility,
or burn in a solid waste treatment facility, any of the materials
which have been separated for recycling, except waste tires may be
burned with energy recovery in a solid waste treatment facility.
The Sanitation Department shall maintain a list of recyclable
products to assist the community in determining what is, or is not,
recyclable, and shall post the dates and times of collection of the
various wastes. These lists are subject to change.
When the Sanitation Department determines that there are reasonable
grounds that there has been a violation of any provision of this chapter,
the Department shall follow the procedures outlined in the Compliance
Assurance Plan (CAP).
Pursuant to NR 544.04(9g), Wis. Adm. Code, and this chapter,
this Compliance Assurance Plan is made an integral part of this Code.
A.
Purpose. This plan establishes standard guidelines for complying
with the Village of Wild Rose Recycling Ordinance.
B.
Responsibility. Enforcement of the Village of Wild Rose recycling
program shall be the joint responsibility of the Sanitation Department
and the Police Department.
C.
Procedures. Whenever a violation of this chapter is discovered, the
Sanitation Department shall give notice of the violation to the person
or persons responsible therefor, and to any know agent of such persons,
as hereinafter provided. Such notice shall:
(1)
Be put in writing;
(2)
Include a statement of reasons why it is being issued;
(3)
Allow a reasonable time for the performance of any act it requires;
(4)
Be served upon the owner of his/her agent or the occupant as the
case may require, provided that such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him/her personally or if a copy thereof
is sent by registered mail to his/her last known address or if a copy
thereof is posted in a conspicuous place in or about the premises
affected by the notice or if he/she is served with such notice by
any other method authorized or required under the laws of this state;
(5)
Contain an outline of remedial action which, when taken, will effect
compliance with the provisions of this chapter.
D.
Initial violations. The notice described in § 6-3-15C(1) through (5) shall be required only for a first violation. A notice, as described above, shall be attached to the improper waste, identifying the infraction, stating corrective actions to be taken, and giving a specific time period to comply. If the corrective action is not taken, the noncompliance shall be seen as a repeat violation of the chapter, which will then be referred to the Village Police Department for issuance of a citation. The tagged waste shall be left at the curbside and not disposed of until the contents of the tagged waste are properly divided.
[Amended at time of adoption of Code (see Ch. 1-2, Adoption
of Code)]
E.
Subsequent and/or flagrant violations. A "flagrant violation" is
a violation that constitutes a deliberate and substantial disregard
for compliance with the chapter, or constitutes a clear hazard to
the environment. Subsequent and/or flagrant violations shall be referred
to the Village Police Department and citations for chapter violations
may be issued and acted upon by the Municipal Court.
A.
Any person violating any provision of the chapter shall, upon conviction thereof, forfeit an amount as set in § 1-1-8 in the Code of Ordinances, and in default thereof shall be subject to imprisonment in the Waushara County jail as provided by law.
B.
Second offense penalty. Any person found guilty of second and subsequent
violations of the same chapter in this Code within one year of the
first conviction are subject to fines and forfeitures equal to double
that of the first offense inclusive of court costs, surcharges, and
assessments.
C.
Third and subsequent offense penalty; continued violations. Each
violation and each day a violation continues or occurs shall constitute
a separate offense. Nothing in this Code shall preclude the Village
from initiating appropriate action to prevent or remove a violation
of any provision of this Code.
D.
Other remedies. In addition to assessing fines and forfeitures, plus
costs, the Village of Wild Rose, through its Municipal Court, is authorized
by state law to apply other forms of remediation to individuals convicted
of violating the Code.
The Village of Wild Rose shall provide a schedule of volume-based
solid waste fees to generate revenue equal to the responsible unit's
costs for solid waste management other than those reimbursed by the
state, unless the responsible unit separates for recycling at least
25% by volume or by weight of the solid waste collected within the
region by the responsible unit or by any person under contract with
the responsible unit.
A.
Repeal of conflicting ordinance. All prior ordinances, or parts of
ordinances, regulations, or parts of regulations, in conflict with
this chapter are hereby repealed to the extent of the inconsistency.
B.
Invalidation clauses. Invalidity of any section, clause, sentence,
or provision in the chapter shall not affect the validity of any other
section, clause, sentence, or provision of this chapter which can
be given effect without such invalid part or parts.
