[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:
Includes used beverage cans only.
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
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:
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 it 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 #2.
Low-density polyethylene, labeled by the SPI Code #4.
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.
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.
A property containing five or more residential units, including
those which are occupied seasonally.
Includes 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 #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 #1.
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.
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.
Polypropylene, labeled by the SPI Code #5.
Polystyrene, labeled by the SPI Code #6.
Polyvinyl chloride, labeled by the SPI Code #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.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
Includes tin-coated metal cans and steel containers.
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 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.
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:
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.
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 § 385-3 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 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.
[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:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods.
Commercial units shall be all property other than residential
units and shall include boardinghouses, motels and resorts.
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.
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.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
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.
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.
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.
Waste material, except garbage, rubbish and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Solid waste scattered about in a careless manner, usually
rubbish.
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of four or more dwelling units.
Individuals, firms, corporations and associations, and includes
the plural as well as the singular.
Collection services provided by a person licensed to do same
by the DNR.
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.).
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.
All solid waste that normally originates in a residential
environment from residential dwelling units.
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.
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.
The uncontrolled removal of materials at any point in solid
waste management.
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.
The interim containment of solid waste in an approved manner
after generation and prior to collection and ultimate disposal.
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.
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.
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.
