[HISTORY: Adopted by the Village Board of the Village of
Sullivan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-22-2006 (Title
8, Ch. 3, of the 2006 Code of Ordinances)]
A.
Title. The title of this article is the "Recycling Ordinance for
the Village of Sullivan."
B.
Purpose. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Statutory authority. This article is adopted as authorized under
§ 287.09(3)(b), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Abrogation and greater restrictions. 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.
E.
Interpretation. 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
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 the article provision 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.
F.
Applicability. The requirements of this article apply to all persons
and entities within the Village of Sullivan. This article shall not
affect civic or charitable organizations who conduct fund-drives for
recyclable materials.
G.
Administration. The provisions of this article shall be administered
by the Village of Sullivan Village Board and its designees.
H.
Volume-based fees. The Village of Sullivan shall provide a system
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.
For the purpose of this article:
Aluminum foil trays and aluminum foil and aluminum cans used
for food and other nonhazardous materials, but excluding aerosol cans
and cans that held paint-related products, pesticides, or other toxic
or hazardous substances.
Includes used beverage cans only.
Clear, colorless plastic bags designated for refuse, with
sufficient wall strength to maintain physical integrity when lifted
by top. With a capacity not to exceed 30 gallons and a loaded weight
of no more than 50 pounds.
Tin-coated and steel cans, bimetal cans used for food preparation
and other nonhazardous materials, but excluding aerosol cans and cans
that held paint, paint-related products, pesticides, or other toxic
or hazardous substances.
The contractor selected by the Village to collect solid waste.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Includes container glass only. "Glass" 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.
Includes corrugated cardboard only, it does not include waxed
cardboard or chipboard such as cereal boxes, shoe boxes, and similar
materials.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
And includes all waste resulting from the use, preparation,
cooking or consumption of food.
Any substance or combination of substances, including any
waste of a solid, semisolid, or gaseous form, which may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness or which may pose a substantial
present or potential hazard to human health or environment because
of its quantity, concentration or physical, chemical or infectious
characteristics. This term includes, but is not limited to, substances
which are toxic, corrosive, flammable, irritants, strong sensitizers
or explosives as determined by the Village.
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Automotive and related batteries that are comprised of lead
plates and an acid electrolyte, the definition does not include nickel
cadium batteries, dry cell batteries, flashlight batteries or batteries
used in calculators, watches, hearing aides or similar devices.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, oven, refrigerator or stove,
residential and commercial furnaces, boilers, dehumidifiers and water
heaters, and allowing the disposal of microwaves if the capacitor
has been removed.
Shall include all grades of papers, including white, colored,
ledger, shiny, coated, carbonless or NCR papers; envelopes, including
windowed, labeled, and kraft; magazines, phone books, computer printout
paper, glued pads and tablets, file folders, keypunch cards, Post-it
notes, spiral notebooks, cereal boxes, shoe boxes, etc.; can include
paper clips and staples; does not include hand towels or other paper
products from restrooms or soiled napkins and paper plates; also does
not include carbon paper, cellophane, or any waxed paper.
A property containing five or more residential units, including
those which are occupied seasonally.
Shall include newspapers and newspaper advertisements printed
on newsprint, but does not include catalogues, magazines, cardboard,
or other paper products.
Any material other than a recyclable material and includes
garbage, rubbish and other solid waste, including but not limited
to ashes, plastic material other than the type included within recyclable
materials, ceramics, broken glass of all types, window glass, styrofoam,
Pyrex, light bulbs, mirrors, china, waxed paper, waxed cardboard,
furniture, carpeting, used clothing and other materials not defined
as recyclable materials for purposes of this article.
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.
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.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
Shall includes only plastic bottles clearly marked with the
recycling emblem, encircling the No. 1 (PET or PETE) or the No. 2
(HDPE); does not include motor oil bottles, even if they are labeled
No. 1 or No. 2.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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 and other container
board, glass containers, magazines, newspapers, office paper, rigid
plastic containers including those of PETE and HDPE, steel containers,
waste tires and bimetal containers.
High-density polyethylene and polyethylene terephthalate
plastic containers and specifically means any plastic containers described
as recyclable on the list maintained at the office of the Village
Clerk-Treasurer, which list is incorporated herein by reference and
is subject to revision and updating at any time.
Has the meaning specified in § 289.01(33), Wis.
Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Has the meaning specified in § 289.01(35), Wis.
Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. Treatment includes incineration.
Shall include tin-coated metal cans and steel containers.
Contaminated petroleum-derived or synthetic oil, including
but not limited to motor oil, vehicle lubricants or coolants.
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 four inches
in diameter or four feet in length and holiday trees. This term does
not include stumps, roots or shrubs with intact root balls.
A.
Recyclable materials designated. All recyclable material shall be
separated from other garbage and refuse and be separated from nonrecyclable
material. Nonrecyclables shall be placed for collection in a clear
plastic bag. Recyclable plastic and glass shall be placed in the designated
recycling bin and may be commingled. Occupants of single-family and
two- to four-unit residences, multiple-family dwellings and nonresidential
facilities and properties shall separate the following materials from postconsumer
waste:
(1)
Lead-acid batteries.
(2)
Major appliances.
(3)
Waste oil.
(4)
Yard waste.
(5)
Aluminum containers.
(6)
Bimetal containers.
(7)
Corrugated paper or other container board.
(8)
Foam polystyrene packaging.
(9)
Glass containers.
(10)
Magazines.
(11)
Newspaper.
(12)
Office paper.
(13)
Rigid plastic containers made of PETE, HDPR, PVC, LDPE, PP,
PS, and other resins or multiple resins.
(14)
Steel containers.
(15)
Waste tires.
The separation requirements of § 392-3 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 postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 392-3 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.
A.
Care of separated materials. To the greatest extent practicable, the recyclable materials separated in accordance with § 392-3 shall be clean and kept free of contaminants such as food of 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.
B.
Mandatory recyclables. To assist in the recycling of recyclable refuse,
prolong the useful life of landfills, and reduce the social and financial
costs of disposing of refuse, each residence and residential unit
and each place of business, industry, church, school, museum, public
or private organization shall be required to separate all refuse generated
in the following manner, mandatory April 1, 1993:
(1)
Glass. Bottles and jars made of green, clear or brown glass shall
be rinsed, and all paper removed and placed in the recycle bin. The
caps and rings must be removed also.
(2)
Tin, bimetal. Cans shall be rinsed, paper removed and both ends cut
off and flattened before being placed in the recycle bins.
(3)
Aluminum. All aluminum shall be rinsed and flattened.
(4)
Prohibited containers. No aerosol cans, paint cans or related products,
pesticides or other toxic or hazardous materials will be accepted.
(5)
Prohibited glass. No window glass, light bulbs, television tubes
or other noncontainer glass will be accepted.
(6)
Plastic. Plastics, such as the Village orders to be separated, shall
be rinsed, the paper removed and placed in the recycle bins. Only
No. 1 and No. 2 grade plastic shall be recycled. Beginning January
1, 1996, the Village of Sullivan shall require the separation and
collection of plastic containers labeled No. 3, No. 4, No. 5, No.
6, and No. 7 and foam polystyrene packaging.
(7)
Cardboard. All corrugated cardboard shall be flattened and tied into
bundles. No paperboard, such as cereal boxes, laundry detergent boxes
or glossy paperboard (such as used for holding six- or twelve-packs
of beer cans, soda cans or bottles) will be permitted.
(8)
Newsprint. Newspaper shall be tied or placed in a paper bag. No glossy
paper or magazines or similar material will be accepted.
(9)
Batteries. All motor vehicle batteries shall be whole and shall not
leak acid. Batteries shall be placed on the platform next to the recycling
building. A fee will be charged per battery.
(10)
Motor oil. All motor oil shall be brought to the recycling center
in a leakproof container and placed in a storage container by the
recycling personnel; the container will be returned to the person
to be used again.
(11)
White goods. Residential and commercial air conditioners, clothes
washers and clothes dryers, dishwashers, freezers, microwave ovens,
refrigerators, stoves, water heaters, or any other item commonly referred
to as a "white good" will be accepted and a per item disposal fee
shall be charged.
(12)
Other materials. The list of recyclable materials which shall
be separated from trash, refuse, or garbage may be amended by the
Village as necessary from time to time. The Village shall cause notice
of the amendment to be published in a prominent fashion in the official
Village newspaper.
C.
Commercial, retail, industrial, institutional and government facilities.
The owners of commercial, retail, industrial, institutional and government
facilities shall provide adequate, marked containers for separate
handling and collection of recyclable materials, excluding oil and
major appliances. All owners shall maintain sufficient, well-kept
containers to meet their generator's requirements for recycling purposes.
All owners shall attempt to make all users of their facilities aware
that the Village requires recycling by ordinance.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 392-3:
(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 tenants of reason 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 site, 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 do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 392-3 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 to recycle the materials specified in § 392-3 :
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify in writing, at least semiannually, 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 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 do not apply to the owners or designate agents of nonresidential facilities if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 392-3 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 § 392-3 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the Village of Sullivan may inspect recycling 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 proprietary information. No
person may refuse access to any authorized officer, employee or authorized
representative of the Village of Sullivan who requests access for
purpose 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 a law enforcement officer or other authorized Village
official. 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 subsection.
A.
Fee established. The Village of Sullivan shall charge a yearly maintenance
fee for recycling and refuse disposal.
B.
Residential collection limits. Each residential unit will receive
one ninety-six-gallon trash cart and one ninety-six-gallon recycling
cart. If cart is lost or stolen or needs replacing due to weather,
owner is responsible for the cost to replace the cart(s). When moving,
residents need to leave carts for the next resident; if they are not
left, the new resident will be responsible to purchase new carts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
UNIT
Definitions. For purposes of this section:
One single-family dwelling, one apartment, or one business.
D.
Yearly maintenance fees, as established by the Village Board, shall
be placed on the annual tax bill as a special charge.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
E.
Miscellaneous provisions.
(1)
Apartments. Apartments consisting of over four units shall contract
independently for the collection of solid waste and recyclables per
the Village's contract with its designated collection firm.
(2)
Businesses exceeding limits. Businesses exceeding the limits established
above shall contract independently for the collection of solid waste
and recyclables per the Village's contract with its designated collection
firm.
(3)
Residents cannot decline contracted refuse services.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
(4)
Carts must be out by 6:00 a.m. on garbage day and garbage/recycling
day. Carts must be brought back up to the residence within 12 hours
after pickup.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
