Village of Somers, WI Recycling

BI-METAL 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.

CONTRACTOR YARD WASTE — Brush, wood, and all materials contained in the definition of "yard waste" contained in Subsection (BB) herein, which is generated by the labor, work, or efforts of a person, firm, or corporation on behalf of or at the insistence and/or request of an owner or occupant of real estate, regardless of whether such person, firm or corporation performing such services is compensated for such efforts.

FOAM POLYSTYRENE PACKAGING — Packaging made primarily from foam polystyrene that satisfies one of the following criteria:

Is designed for serving food or beverages.

Consists of loose particles intended to fill space and cushion the packaged articles in a shipping container.

Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

(E)

GLASS CONTAINER — A glass bottle, jar or other packaging container used to contain a product that is the subject of a retail sale and 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.

(F)

HDPE — High density polyethylene, labeled by the SPI code #2.

(G)

LDPE — Low density polyethylene, labeled by the SPI code #4.

(H)

MAGAZINES — Magazines and other materials printed on similar paper.

(I)

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.

(J)

MULTIPLE-FAMILY DWELLING — A property containing five or more residential units, including those which are occupied seasonally.

(K)

NEWSPAPER — A newspaper and other materials printed on newsprint.

(L)

NONRESIDENTIAL FACILITIES AND PROPERTIES — Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.

(M)

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.

(N)

OTHER RESINS or MULTIPLE RESINS — Plastic resins labeled by the SPI code #7.

(O)

PERSON — 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.

(P)

PETE or PET — Polyethylene terephthalate, labeled by the SPI code #1.

(Q)

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.

(R)

POSTCONSUMER WASTE — Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 289.01(12), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.

(S)

PP — Polypropylene, labeled by the SPI code #5.

(T)

PS — Polystyrene, labeled by the SPI code #6.

(U)

PVC — Polyvinyl chloride, labeled by the SPI code #3.

(V)

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; 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 bi-metal containers.

(W)

RECYCLING PLAN — A comprehensive binding program of recycling by an owner or occupant of real estate including, but not limited to, contracting with a licensed waste hauler to fulfill such program requirements.

(X)

SOLID WASTE — Has the meaning specified in § 289.01(33), Wis. Stats.

(Y)

SOLID WASTE FACILITY — Has the meaning specified in § 289.01(35), Wis. Stats.

(Z)

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.

(AA)

WASTE TIRE — A tire that is no longer suitable for its original purpose because of wear, damage or defect.

(BB)

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.

§ 20.11 SEPARATION OF RECYCLABLE MATERIALS.

Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer waste:

Lead acid batteries.

Major appliances.

Waste oil.

Yard waste.

Aluminum containers.

Bi-metal containers.

Corrugated paper or other container board.

(H)

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.

(N)

Steel containers.

(O)

Waste tires.

§ 20.12 SEPARATION REQUIREMENTS EXEMPTED.

The separation requirements of § 20.11 do not apply to the following:

Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and non-residential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 20.11 from solid waste in as pure a form as is technically feasible.

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 recyclable material specified in § 20.11(E) through (O) for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wisconsin Administrative Code.

§ 20.13 CARE OF SEPARATED RECYCLABLE MATERIALS.

To the greatest extent practicable, the recyclable materials separated in accordance with § 20.11 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable 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.

§ 20.14 MANAGEMENT OF LEAD ACID BATTERIES, MAJOR APPLIANCES, WASTE OIL AND YARD WASTE.

Occupants of single family and 2 to 4 unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:

Lead acid batteries shall be deposited by the person responsible therefor pursuant to procedures established by the Village Administrator or his/her designee.

Major appliances shall be placed at the curb for collection pursuant to procedures designated by the Village Administrator or his/her designee; further, there shall be an additional fee charged for the disposal of major appliances containing freon or similar substances.

Waste oil shall be deposited by the person responsible therefore at the Village of Bristol waste oil collection location, as designated by the Village Administrator or his/her designee, or at another DNR approved site, all in accordance with regulations designated by the Village Administrator or his/her designee or the DNR, as may be applicable. No person shall deposit any material and shall only place waste oil in the containers at the location and at the time specified by the Village Administrator or his/her designee. No person shall damage or deface any portion of the Village of Bristol waste oil collection location.

Yard waste shall be placed at appropriate collection points as are designated from time to time by the Village Administrator or his/her designee, composted on site or placed at the curb for collection at specified times of the year as designated by the Village Administrator or his/her designee. This provision shall not be applicable to contractor yard waste, which shall be placed at appropriate collection points as are designated in the permit issued pursuant to § 20.19 of these ordinances.

(E)

Antifreeze shall be deposited by the person responsible therefore at the Village of Bristol antifreeze collection location, as designated by the Village Administrator or his/her designee, or at another DNR approved site, all in accordance with regulations designated by the Village Administrator or his/her designee or the DNR, as may be applicable. No person shall deposit any material other than antifreeze at the Village of Bristol antifreeze collection location and shall only place antifreeze in the containers at the location and at the time specified by the Village Administrator or his/her designee. No person shall damage or deface any portion of the Village of Bristol antifreeze collection location.

§ 20.15 PREPARATION AND COLLECTION OF RECYCLABLE MATERIALS.

Except as otherwise directed by the Village Administrator or his/her designee, occupants of single family and 2 to 4 unit residences shall do the following for the preparation and collection of the separated materials specified in § 20.11(E) through (O):

Aluminum containers shall be placed in such containers as are designated and provided by the Village Administrator or his/her designee.

Bi-metal containers shall be rinsed free of produce residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

Corrugated paper or other container board shall be free of debris, flattened, stacked and tied, and placed at such location as are designated and provided by the Village Administrator or his/her designee.

Foam polystyrene packaging shall be placed in such containers as are designated and provided by the Village Administrator or his/her designee.

(E)

Glass containers shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

(F)

Magazines shall be stacked, tied and placed at such locations as are designated and provided by the Village Administrator or his/her designee.

(G)

Newspaper shall be stacked, tied and placed at such locations as are designated and provided by the Village Administrator or his/her designee.

(H)

Office paper shall be stacked, tied and placed at such locations as are designated and provided by the Village Administrator or his/her designee.

(I)

Rigid plastic containers shall be prepared and collected as follows:

Plastic containers made of PETE shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

Plastic containers made of HDPE shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

Plastic containers made of PVC, including milk jugs and detergent bottles, shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

(4)

Plastic containers made of LDPE shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

(5)

Plastic containers made of PP shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

(6)

Plastic containers made of PS shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

(7)

Plastic containers made of other resins or multiple resins shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

(J)

Steel containers shall be rinsed free of product residue and placed in such containers as are designated and provided by the Village Administrator or his/her designee.

(K)

Waste tires shall be collected at such times and in such manner as designated and provided by the Village Administrator or his/her designee. All waste tires shall be removed from the wheel rim prior to collection.

§ 20.16 RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF MULTIPLE-FAMILY DWELLINGS.

Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 20.11(E) through (O):

Provide adequate, separate containers for the recyclable materials.

Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.

Provide for the collection of the materials separated from the solid waste by the tenants.

(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.

The requirements specified in (A) do not apply to the owners or designated agents of multi-family dwellings if the postconsumer 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 § 20.11(E) through (O) from solid waste in as pure a form as is technically feasible.

§ 20.17 RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF NONRESIDENTIAL FACILITIES AND PROPERTIES.

Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in § 20.11(E) through (O):

Provide adequate, separate containers for the recyclable materials.

Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program.

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.

The requirements specified in (A) do not apply to the owners or designated agents of non-residential 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 § 20.11(E) through (O) from solid waste in as pure a form as is technically feasible. For purposes of compliance with these ordinances, written verification of the existence of a bona fide contract for the recovery of recyclable materials pursuant to this sub-paragraph shall be presumptive evidence of the existence of a Recycling Plan, as defined in § 20.10(U).

§ 20.18 PROHIBITIONS ON DISPOSAL OF RECYCLABLE MATERIALS SEPARATED FOR RECYCLING.

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 § 20.11(E) through (O) which have been separated for recycling, except waste tires and other materials may be burned with energy recovery in a solid waste treatment facility.

§ 20.19 CONTRACTOR PERMIT FOR CONTRACTOR YARD WASTE.

No person, firm or corporation shall perform labor or services relating to the removal of any brush, branches, trees (or parts thereof), stumps or other matter known as contractor yard waste or yard waste, as defined herein, until first having applied for and securing a permit to do so at the location specified in such permit.

Permit Application. Applications for permit shall be completed and submitted at least 48 hours prior to the anticipated commencement of the activities described in the permit application and shall give, at a minimum, the applicant's name, residence, usual business, and the name of the owner and/or occupant of the premises for which the permit is sought. The permit deposit required in subparagraph (C) below shall accompany the application. No permit shall be issued except upon the approval of the Village Administrator or his/her designee which shall be responsible for the creation of the content of the permit application.

Regulations.

The permit, once obtained, shall be on site at the location for which the permit is obtained.

A separate permit must be obtained for each parcel or address.

Upon completion of the activities described in the permit application, the permittee shall cause all trimmings, cuttings, trees, debris or other matter described as contractor yard waste or yard waste to be removed from the premises and disposed of in a lawful manner in order to be eligible for return of the deposit described in subparagraph (C) below.

Deposit. As a condition precedent to the granting of a permit, the applicant shall deposit with the Village Clerk/Treasurer the sum of $100, which amount shall be returned to the permittee upon completion of the conditions specified in this ordinance and as may be specified in the permit and after inspection of the subject premises by a designated representative of the Village Administrator and certification by such representative that the premises have been left in a clean condition so that no further activity need be taken by the Village to remove contractor yard waste or yard waste therefrom. If the permittee fails to properly clean the premises or fails to remove all contractor yard waste or yard waste which has been generated by the activities of the applicant, the Village, its employees or representatives are authorized to enter upon the subject premises and remove or cause to be removed and dispose of such contractor yard waste or yard waste which may have been created by the activities of the applicant or others. The applicant and the owner shall be jointly and severally obligated to reimburse the Village for all costs in restoring the premises to its original condition. In the event that it becomes necessary for the Village to cause the removal of contractor yard waste or yard waste, in addition to the forfeiture of the deposit required hereunder, the owner shall have such costs imposed as a special assessment against the subject parcel if the cost therefore remains unpaid after 30 days of being invoiced for the same.

Designated Representative. The standing committee on recycling may designate one or more employees, agents or representatives to act on its behalf in implementing the specific terms of this ordinance.

§ 20.20 PLACEMENT OF CURBSIDE GARBAGE/RECYCLING.

No person, owner, designated agent of multiple-family dwellings or tenant shall place garbage, refuse or recyclables at or adjacent to the street right-of-way earlier than 5:00 p.m. on the day prior to the day designated for collection at that location, excepting only such special pickups as may be specifically designated by the Village Administrator or his/her designee and containers must be removed no later than 8:00 p.m. the day of collection.

§ 20.205 MUNICIPAL YARD WASTE SITE.

Designation of Site. The Village of Somers public yard waste site shall be located on the Village Hall campus adjacent to the Public Works facilities and shall be of such dimensions as is deemed to be appropriate for the operations contemplated by this ordinance. Only residents of the Town or Village of Somers and owners of real property in the Town or Village of Somers may utilize the municipal yard waste site. Only such yard waste as is generated from not-for-profit activities on lands located in the Town or Village of Somers shall be deposited at the municipal yard waste site. Persons, firms or corporations which perform labor or services for others relating to the removal of yard waste and related materials shall be subject to the terms and conditions of § 20.19 of these Ordinances.

Limitation to Yard Waste Disposal. Only those materials defined as yard waste under § 20.10(AA) of these Ordinances shall be deposited at the municipal yard waste site. All other materials defined under § 20.10(A) through (Z) and § 20.11(A), (B), (C), (E), (F), (G), (H), (I), (J), (K), (L), (M), (N), and (O) of these Ordinances shall be prohibited from disposal at the municipal yard waste site.

Additional Requirements. The Village Administrator or his designee shall promulgate such additional rules or regulations relating to the operation of the municipal yard waste site including, but not limited to, the method and manner of disposal of materials, the location where such materials are to be placed and hours of operation as shall be deemed necessary for the successful operation of the municipal yard waste site. Any such regulations shall be prominently displayed by placarding or signage at or adjacent to the site.

Penalties. Any person, firm or corporation violating any of the provisions of this, § 20.205, shall be subject to the penalties set forth in § 20.21(B) and (C) of these Ordinances.

§ 20.21 ENFORCEMENT.

For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the Village Administrator or his/her designee 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 non-residential 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 Administrator or his/her designee who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

Any person who violates a provision of this ordinance may be issued a citation 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 ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.

Penalties for violating this ordinance may be assessed as follows:

Any person who violates § 20.18 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.

Any person who violates § 20.14(C) or (E) or § 20.19 may be required to forfeit a minimum of $500 and not more than $5,000, plus the costs and expense incurred by the Village for restitution, repair, or cleanup of any subsequent environmental contamination.