This Ordinance shall be known as the Recycling Ordinance for
the Village of Somers.
The purpose of this ordinance is to promote recycling, composting,
and resource recovery through the administration of an effective recycling
program, as provided in § 159.11, Wis. Stats., and Chapter
NR 544, Wisconsin Administrative Code.
[Amended 6-14-2023 by Ord. No. 2023-017]
This ordinance is adopted as authorized under § 287.09(3)(b),
Wis. Stats., and § NR 544.06 of the Wisconsin Administrative
Code.
It is not the intention of this ordinance 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 ordinance imposes greater restrictions, the
provisions of this ordinance shall apply.
In their interpretation and application, the provisions of this
ordinance 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 ordinance
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this ordinance
is required by Wisconsin Statutes, or by a standard in Chapter NR
544, Wisconsin Administrative Code, and where the ordinance provision
is unclear, the provision shall be interpreted in light of the Wisconsin
Statutes and the Chapter NR 544 standards in effect on the date of
the adoption of this ordinance, or in effect on the date of the most
recent text amendment to this ordinance.
Should any portion of this ordinance be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this ordinance shall not be affected.
The requirements of this ordinance apply to all persons within
the corporate limits of the Village of Somers.
The provisions of this ordinance shall be administered by the
Village Administrator or his/her designee.
[Amended 6-14-2023 by Ord. No. 2023-018]
The provisions of this ordinance shall take effect on July 14,
2015.
[Amended 6-14-2023 by Ord. No. 2023-019]
For purposes of this ordinance:
(A)
BI-METAL CONTAINER — A container for carbonated or malt
beverages that is made primarily of a combination of steel and aluminum.
(B)
CONTAINER BOARD — Corrugated paperboard used in the manufacture
of shipping containers and related products.
(C)
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.
(D)
FOAM POLYSTYRENE PACKAGING — Packaging made primarily
from foam polystyrene that satisfies one of the following criteria:
(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.
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:
(A)
Lead acid batteries.
(B)
Major appliances.
(C)
Waste oil.
(D)
Yard waste.
(E)
Aluminum containers.
(F)
Bi-metal containers.
(G)
Corrugated paper or other container board.
(H)
Foam polystyrene packaging.
(I)
Glass containers.
(J)
Magazines.
(K)
Newspaper.
(L)
Office paper.
(M)
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP,
PS, and other resins or multiple resins.
(N)
Steel containers.
(O)
Waste tires.
The separation requirements of § 20.11 do not apply to the following:
(A)
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.
(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 § 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.
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.
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:
(A)
Lead acid batteries shall be deposited by the person responsible
therefor pursuant to procedures established by the Village Administrator
or his/her designee.
(B)
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.
(C)
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.
(D)
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.
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):
(A)
Aluminum containers shall be placed in such containers as are
designated and provided by the Village Administrator or his/her designee.
(B)
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.
(C)
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.
(D)
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:
(1)
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.
(2)
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.
(3)
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.
(A)
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):
(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.
(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 (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.
(A)
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):
(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 (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).
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.
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.
(A)
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.
(B)
Regulations.
(1)
The permit, once obtained, shall be on site at the location
for which the permit is obtained.
(2)
A separate permit must be obtained for each parcel or address.
(3)
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.
(C)
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.
(D)
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.
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.
(A)
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.
(B)
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.
(C)
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.
(A)
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.
(B)
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.
(C)
Penalties for violating this ordinance may be assessed as follows:
(1)
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.
