[HISTORY: Adopted by the Village Board of the Village of Gresham as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 11.04 of the prior Code]
The terms used herein shall be defined as follows:
COLLECTOR
The person or firm authorized by the Village to collect garbage, rubbish or recyclable materials and dispose of the same.
GARBAGE
All organic kitchen waste that attends the storage, preparation, use, cooking or serving of food.
RECYCLABLE MATERIALS
See definition in § 257-13 of this chapter.
RUBBISH
Includes all other useless waste. Construction waste shall be classified as rubbish, provided it does not exceed in quantity two-hundred-fifty-gallon containers or 100 pounds per collection.
SOLID WASTE
See definition in § 257-13 of this chapter.
The owners or occupants of each residence, residential unit, or place of business or commerce shall cooperate in the recycling of recyclable material in accordance with § 257-14 of this chapter.
All recyclable material collected and deposited, as provided herein, shall be the property of the Village and shall be collected by the contractor.
A. 
All other solid waste shall be drained and placed in clear plastic bags and placed at the curb for collection not more than 12 hours before the time for collection, as specified by the Village Board.
B. 
The Village Board may direct or authorize collection and containers in a manner different than prescribed herein as conditions shall warrant.
C. 
Any garbage or rubbish not placed for collection in accordance with the provisions of this article may be refused by the collector.
The following items are not to be placed for pickup or deposited at dumpster.
A. 
Large amounts of stone, concrete, rubber, earth, sod, tree stumps or trunks, grass, leaves or brush.
B. 
Garbage or rubbish strewn by animals or vandals prior to collection.
C. 
Any solid waste containing recyclable material.
See Village Fee Schedule in the office of the Village Clerk.
Any person who shall violate any prohibition of this article, including placement of garbage or rubbish containing recyclable material for collection contrary to the provisions of this article, shall, upon conviction thereof, forfeit not less than $25 nor more than $50 together with the penalty assessment and cost of prosecution. Each day or incident of violation shall be deemed a separate offense. In addition to or in lieu of the penalty provided herein, the Court may order the violator to clean up, remove and pay the cost of cleanup or removal of any garbage or rubbish placed in violation of this article.
[Adopted as § 11.05 of the prior Code]
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.
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 the 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 a provision of 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.
The requirements of this article apply to all persons within the Village.
The provisions of this article shall be administered by the Village Board.
The terms used herein shall be defined as follows:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
A. 
Is designed for serving food or beverages; or
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container; or
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High density polyethylene plastic containers marked by the SPI code No. 2.
LDPE
Low density polyethylene plastic containers marked by the SPI code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.
MIXED OR OTHER PLASTIC RESIN TYPES
Plastic containers marked by the SPI code No. 7.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
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.
OTHER RESINS OR MULTIPLE RESINS
Plastic resins labeled by the SPI code No. 7.
PERSON
Any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate plastic containers marked by SPI code No. 1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
POST-CONSUMER WASTE
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.
PP
Polypropylene plastic containers marked by the SPI code No. 5.
PS
Polystyrene plastic containers marked by the SPI code No. 6.
PVC
Polyvinyl chloride plastic containers marked by the SPI code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspapers; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS and mixed or other plastic resin types; steel containers; waste tires; and bimetal containers.
SOLID WASTE
The meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
The meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
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.
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 or other materials printed on similar paper.
K. 
Newspapers or other materials printed on news print.
L. 
Office paper.
M. 
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and mixed or other plastic resin types.
N. 
Steel containers.
O. 
Waste tires.
The separation requirements of § 257-14 above 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 § 257-14 above 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.
C. 
A recyclable material specified in § 257-14 above for which a variance or exemption has been granted by the Department of Natural Resources under § 287.07(7)(d) or 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 257-14 above 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 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:
A. 
Lead acid batteries shall be returned to place of purchase or brought to the landfill by the individual or a contract waste hauler for recycling.
B. 
Major appliances shall be returned to place of purchase or brought to the landfill by the individual or a contract waste hauler for recycling.
C. 
Waste oil shall be recycled at a waste oil recycling center or brought to the landfill by the individual or a contract waste hauler for recycling. Waste oil may not be mixed with any solvents or materials.
D. 
Yard waste shall be brought to the landfill compost center by the individual or by contract waste hauler or composted on the owner's property or taken to a municipal compost center. It shall not be mixed with garbage.
Except as otherwise directed by the Village Board, occupants of single-family and two to four unit residences shall do the following for the preparation and collection of the separated materials specified in § 257-14E through O above:
A. 
Aluminum containers shall be crushed whenever possible and placed in blue recycling bags.
B. 
Bimetal containers shall be cleaned and rinsed with labels removed and crushed whenever possible and placed in a blue recycling bag.
C. 
Corrugated cardboard or other container board shall have all loose foreign materials removed and be broken down and bundled or placed in a box and kept separate from other recycling. No plastic-lined or wax-coated cardboard is accepted.
D. 
Foam polystyrene packaging shall be crushed whenever possible and placed in a blue recycling bag.
E. 
Glass food and beverage containers shall be cleaned and rinsed with the caps and lids and rings removed and placed in a blue recycling bag.
F. 
Magazines or other materials printed on similar paper shall be bundled with other paper and kept separate from other recyclables.
G. 
Newspapers or other materials printed on newsprint shall be bundled with other paper and kept separate from other recyclables.
H. 
Office paper shall be bundled with other paper and kept separate from other recyclables.
I. 
Plastic containers shall be prepared and collected as follows:
(1) 
Plastic containers made of PETE, soda and drink bottles shall be cleaned and rinsed with caps and rings removed, with bottles crushed whenever possible and placed in blue recycling bags.
(2) 
Plastic containers made of HDPE, including bottles and tubs, shall be cleaned and rinsed with caps and rings removed, crushed whenever possible, and placed in blue recycling bags.
(3) 
Plastic containers made of PVC shall be cleaned and rinsed with caps and rings removed and placed in the blue recycling bag.
(4) 
Plastic containers made of LDPE shall be cleaned and rinsed with caps and rings removed and placed in the blue recycling bag.
(5) 
Plastic containers made of PP shall be cleaned and rinsed with caps and rings removed and placed in the blue recycling bag.
(6) 
Plastic containers made of PS shall be cleaned and rinsed with caps and rings removed and placed in the blue recycling bag.
J. 
Steel containers shall be cleaned and rinsed with lids removed and placed in the center of the can. The labels shall be removed. The can shall be crushed whenever possible and placed in a blue recycling bag.
K. 
Waste tires shall be recycled at the landfill for a fee or brought to a tire dealer for proper disposal.
L. 
As an alternative to placing in a blue recycling bag, a person may properly use a recycling collection center, authorized by Shawano County or the Village.
A. 
Owners or designated agents of multiple-family dwellings shall do all or the following for recycling the materials specified in § 257-14E through O above:
(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 semi-annually 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 above 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 Department of Natural Resources that recovers for recycling the materials specified in § 257-14E through O above 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 for recycling the materials specified in § 257-14E through O above:
(1) 
Provide adequate separate containers for the recyclable materials.
(2) 
Notify, in writing, at least semi-annually, 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 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 above do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer 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 § 257-14E through O above 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 § 257-14E through O above which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A. 
Any authorized officer, employee or representative of the Village and the contracted recycling and waste collection firm employees may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities for the purpose of and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information, ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the Village and the contracted recycling and waste collection firm employees 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 Village police to collect forfeitures. 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 section of this Code or law relating to the same or any other matter shall not preclude the issuance of a citation under this section.
C. 
Penalties for violating this article may be assessed consistent with §§ 287.95 and 287.97, Wis. Stats., respectively, as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Any person who violates § 257-21 above may be required to forfeit $50 for a first violation, $200 for a second violation and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article, except § 257-21 above, may be required to forfeit not less than $10 nor more than $1,000 for each violation.
Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected.