[HISTORY: Adopted by the Village Board of the Village of Centuria as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-13-2006 as Title 8, Ch. 3, of the 2006 Code]
A. 
Title. The title of this article is the "Recycling Ordinance for the Village of Centuria."
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.
C. 
Statutory authority. This article is adopted as authorized under § 287.09(3)(b), Wis. Stats.
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 ordinance 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 within the Village of Centuria.
G. 
Administration. The provisions of this article shall be administered by the Village of Centuria Village Board and its designees.
As used in this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Includes used beverage cans only.
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
COLLECTOR
The contractor selected by the Village to collect solid waste.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
CONTAINER GLASS
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.
CORRUGATED CARDBOARD
Includes corrugated cardboard only; it does not include waxed cardboard or chipboard, such as cereal boxes, shoe boxes, and similar materials.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
A. 
Is designed for serving food or beverages.
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
GARBAGE
Includes all waste resulting from the use, preparation, cooking or consumption of food.
HAZARDOUS WASTE
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 it not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the Village.
HDPE
High-density polyethylene, labeled by the SPI Code #2.
LDPE
Low-density polyethylene, labeled by the SPI Code #4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
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.
MIXED PAPERS
Includes 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, key punch 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.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPERS
Includes newspapers and newspaper advertisements printed on newsprint, but does not include catalogues, magazines, cardboard, or other paper products.
NONRECYCLABLE MATERIAL
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.
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 #7.
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.,
PETE
Polyethylene terephthalate, labeled by the SPI Code #1.
PLASTIC BOTTLES
Includes only plastic bottles clearly marked with the recycling emblem, encircling the #1 (PET or PETE) or the #2 (HDPE); does not include motor oil bottles, even if they are labeled #1 or #2.
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, labeled by the SPI Code #5.
PS
Polystyrene, labeled by the SPI Code #6.
PVC
Polyvinyl chloride, labeled by the SPI Code #3.
RECYCLABLE MATERIAL
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.
RECYCLABLE PLASTIC GENERALLY
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.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
Has 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.
TIN CANS
Includes tin-coated metal cans and steel containers.
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.
A. 
Recyclable materials designated. All recyclable material shall be separated from other garbage and refuse and be separated from nonrecyclable material. Recyclable plastic, metal and glass shall be placed in the designated recycling container 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 post-consumer 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 § 385-3 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 post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 385-3 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.
C. 
A recyclable material specified in § 385-3 for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
A. 
Care of separated materials. To the greatest extent practicable, the recyclable materials separated in accordance with § 385-3 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.
B. 
Management of lead acid batteries, major appliances, waste oil and yard waste. 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:
(1) 
Lead acid batteries shall be returned to area retail businesses that sell vehicle batteries.
(2) 
Major appliances shall be delivered to area retail businesses that sell major appliances.
(3) 
Waste oil shall be delivered to area businesses that accept waste oil.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 385-3:
(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 post-consumer 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 § 385-3 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 § 385-3:
(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 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 designated agents of nonresidential facilities if the post-consumer 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 § 385-3 from solid waste in as pure a form as is technically feasible.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Village of Centuria may inspect recyclable materials separated for recycling, post-consumer 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 Centuria 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 Village of Centuria 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.
C. 
Any person who violates this article may be assessed a penalty per Chapter 1, Article II, General Penalty, of this Code.
[Adopted 3-13-2006 as Title 8, Ch. 4, of the 2006 Code]
This article shall be known as the "Solid Waste Management Ordinance of the Village of Centuria," hereinafter referred to as "this ordinance" or "this article."
It is hereby declared to be the purpose and intent of this article to enhance and improve the environment and promote the health, safety and welfare of the Village by establishing minimum standards for the storage, collection, transport, processing, separation, recovery and disposal of solid waste.
For the purpose of this article, the following words and phrases shall have the meanings given herein unless different meanings are clearly indicated by the context:
AGRICULTURAL ESTABLISHMENT
An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
BULKY WASTE
Items whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
COMMERCIAL UNIT
Commercial units shall be all property other than residential units and shall include boardinghouses, motels and resorts.
CURB
The back edge or curb and gutter along a paved street or where one would be if the street was paved and had curb and gutter.
DEMOLITION WASTES
That portion of solid wastes consisting of wastes from the repair, remodeling or reconstruction of buildings, such as lumber, roofing and sheathing scraps, rubble, broken concrete, asphalt and plaster, conduit, pipe, wire, insulation and any other materials resulting from the demolition of buildings and improvements.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DUMP
A land site where solid waste is disposed of in a manner that does not protect the environment.
DWELLING UNIT
A place of habitation occupied by a normal single-family unit or a combination of persons who may be considered as equivalent to a single-family unit for the purposes of this article.
GARBAGE
Includes every refuse accumulation of animals, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables originally used for foodstuffs.
HAZARDOUS WASTE
Those wastes such as toxic, radioactive or pathogenic substances which require special handling to avoid illness or injury to persons or damage to property and the environment.
INDUSTRIAL WASTE
Waste material, except garbage, rubbish and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
LITTER
Solid waste scattered about in a careless manner, usually rubbish.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial or institutional activities or a building or group of buildings consisting of four or more dwelling units.
PERSON
Individuals, firms, corporations and associations, and includes the plural as well as the singular.
PRIVATE COLLECTION SERVICES
Collection services provided by a person licensed to do same by the DNR.
RECYCLABLE WASTE
Waste material that can be remanufactured into usable products and shall include, by way of enumeration but not by way of limitation, glass, plastics, newspapers, cardboard, metals (aluminum, steel, tin, brass, etc.).
REFUSE
Includes all waste material, including garbage, rubbish and industrial waste, and shall, by way of enumeration but not by way of limitation, include grass, leaves, sticks, tree branches and logs, stumps, stone, cement, boards, furniture or household appliances, garden debris.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNIT
An individual household capable of independent habitation by a family unit. A single-family dwelling shall be considered to be one residential unit; multifamily dwelling shall be considered to be multiple residential units, the number of residential units to equal the number of family units to be housed therein. Residential units shall not include boardinghouses, motels or resorts.
RUBBISH
Includes combustible and noncombustible waste material, except rocks, concrete, bricks and similar solid materials, plaster or dirt, that is incidental to the operation of a building and shall include, by way of enumeration but not by way of limitation, tin cans, bottles, rags, paper, cardboard, sweepings.
SCAVENGING
The uncontrolled removal of materials at any point in solid waste management.
SOLID WASTE
Garbage, rubbish and other useless, unwanted or discarded material from agricultural, residential, commercial, industrial or institutional activities. Solid waste does not include solid or dissolved material in domestic sewage.
STORAGE
The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
STORAGE AREAS
Areas where persons place containers during non-collection days as well as areas where containers are set out on collection day.
Storage areas shall be kept in a nuisance- and odor-free condition. Litter shall not be allowed to accumulate. Collection crews will not be responsible for cleaning up loose materials from any containers which have become ruptured or broken due to wet conditions, animals, vandalism or other cause. The occupant and/or owner shall be responsible for cleaning up this litter. Litter not collected shall not be allowed to accumulate. Violation will result in the occupant and/or owner being notified to clean up his/her area, with continued violation resulting in the owner being prosecuted under the provisions of this and other Village ordinances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
General container standards. Suitable containers of a type approved by the Village shall be provided by the property owner or tenant, in which shall be placed all solid waste for collection except for bulky or certain yard wastes as provided for herein. Containers, in order to be approved, shall provide for efficient, safe and sanitary handling of solid wastes. They shall be maintained in a nuisance- and odor-free condition and shall be sufficient to prevent the scattering of contents by weather conditions or animals.
B. 
Approved containers. All garbage created, accumulated or produced shall be deposited in containers of a type approved by the Village Board. Each container for a residential unit shall be equipped with suitable handles and tight-fitting covers, shall be watertight and shall have the capacity of not less than five gallons and not more than 30 gallons. All garbage containers shall be kept in a neat, clean and sanitary condition at all times. Other containers for multifamily residential units (such as dumpsters) may be used with the express approval of the Village Board. Containers, including contents, shall not exceed in weight that which one person can safely lift (50 pounds). Plastic garbage bags must be closed with a tie and shall consist of plastic material not damaged by freezing and not susceptible to melting. They shall be capable of being handled during hot and cold weather without damage during normal handling by collection crews. Plastic bags shall be of sufficient strength to allow lifting and loading of contents without tearing.
C. 
Householder to provide containers. It shall be the duty of every occupant, tenant and proprietor of any residential unit to provide, and at all times keep in a suitable place readily accessible to the garbage collector, garbage containers capable of holding all garbage which would ordinarily accumulate on such premises between the times of successive collections. The owner of any multiple dwelling shall furnish or require the tenant thereof to furnish proper garbage containers. Garbage containers located at multiple dwellings shall be marked so as to indicate the residential unit to which they belong.
D. 
Ashes. Cold, completely extinguished, ashes may be left for collection in cardboard containers.
E. 
Illegal containers. Containers not approved consist of metal barrels and drums, wooden or cardboard barrels, wheelbarrows and other such containers not approved by this article. These containers will not be emptied regardless of contents or weight.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Placement for collection.
(1) 
Residential solid waste shall be accessible to collection crews. Residential solid waste in approved containers shall be placed immediately behind the curb of the public street for collection. Yard and bulky wastes from residential units shall likewise be placed in neat, orderly fashion behind the curb. During winter months, solid waste shall not be placed on top of the snowbank, nor shall it be placed in the roadway. The owner shall either shovel out an area behind the curb in which to place his/her wastes or he/she shall place it in his/her driveway. Collection crews will not collect residential solid waste unless it is placed at the curb of a public street. Residential units shall bring their solid waste to the public right-of-way for collection. Should collection crews be unable to discharge contents of garbage cans into collection vehicles using normal handling procedures, the cans, including contents, will be left at curbside. The owner shall make provisions to assure that the solid waste therein can be collected on the next collection day. Collection crews will not empty garbage cans by means other than dumping.
(2) 
No garbage containers or other containers for refuse other than those of the Village shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, that the Village Board may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for the expeditious collection and disposition of refuse.
B. 
Restriction on time of placement. All receptacles and containers for refuse and rubbish and all bundles of rubbish shall be placed in collection locations as designated in Subsection A above only after 6:00 p.m. on the evening prior to the regular collection time the following day. All receptacles and containers for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time. Village employees or employees of licensed collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.
A. 
Dead animals. It shall be unlawful to place any dead animal, or parts thereof, in a container for collection; provided, however, this section shall not apply to animal parts from food preparation for human consumption.
B. 
Undrained food wastes. It shall be unlawful to place any garbage or other food wastes in a container for collection unless it is first drained and wrapped.
C. 
Ashes. It shall be unlawful to place hot ashes for collection. (See § 385-14D.)
D. 
Improper placement. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, public or private property within the Village contrary to the provisions of this article.
E. 
Compliance with chapter. It shall be unlawful to store, collect, transport, transfer, recover, incinerate or dispose of any solid waste within the boundaries of the Village contrary to the provisions of this article.
F. 
Improper transportation. It shall be unlawful to transport any solid waste in any vehicle which permits the contents to blow, sift, leak or fall therefrom. If spillage does occur, the collection crew shall immediately return spilled materials to the collection vehicle and shall properly clean, or have cleaned, the area. All vehicles used for the collection and transportation of solid waste shall be durable, easily cleanable and leakproof, if necessary, considering the type of waste and its moisture content. Collection vehicles shall be cleaned frequently to prevent nuisances and insect breeding and shall be maintained in good repair.
G. 
Interference with authorized collector. No person other than an authorized collector shall collect or interfere with any garbage after it shall have been put into a garbage receptacle and deposited in the proper place for the collector, nor shall any authorized person molest, hinder, delay or in any manner interfere with an authorized garbage collector in the discharge of his/her duties.
H. 
Scavenging. It shall be unlawful for any person to scavenge any solid waste placed for collection.
I. 
Private dumps. It shall be unlawful for any person to use or operate a dump.
J. 
Burning of waste. It shall be unlawful for any person to burn solid waste in any manner, except as provided elsewhere in this Code.
K. 
Noncollectible materials. It shall be unlawful for any person to place for collection any of the following wastes:
(1) 
Hazardous waste;
(2) 
Toxic waste;
(3) 
Chemicals;
(4) 
Explosives or ammunition;
(5) 
Drain or waste oil or flammable liquids;
(6) 
Large quantities of paint;
(7) 
Tires.
L. 
Animal or human wastes. It shall be unlawful for any person to place animal wastes and/or human wastes for collection. These wastes should be disposed of in plastic bags or in the sanitary sewer system. Such items as "kitty litter" may be placed for collection if animal wastes are removed prior to disposal.
M. 
Hospital wastes. It shall be unlawful for any person to place for collection any pathogenic hospital wastes. Such items as needles and syringes may be disposed of as long as they are contained to eliminate injury to collection crews.
N. 
Building waste. All waste resulting from remodeling, construction or removal of a building, roadway or sidewalk shall be disposed of by the owner, builder or contractor.
The accumulation or deposit of garbage, trash or putrescible animal or vegetable matter in or upon any lot or land or any public or private place within the Village, which causes the air or environment to become noxious or offensive or to be in such a condition as to promote the breeding of flies, mosquitoes or other insects, or to provide a habitat or breeding place for rodents or other animals, or which otherwise becomes injurious to the public health, is prohibited and declared to constitute a nuisance.
It is unlawful for any person, firm or corporation to place, deposit or cause to be deposited, for collection, any waste or refuse not generated within the corporate limits of the Village of Centuria.