[Adopted 1-12-2026 by Ord. No. 26-01[1]]
[1]
Editor's Note: This ordinance also repealed former Art. III, Recycling, adopted as § 14.23 of the Municipal Code.
This article is adopted as authorized under §§ 287.09(3)(b) and 61.34(1), Wis. Stats.
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.
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 the 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 Chapter NR 544 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.
A.
Severability. Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction. the remainder of this article shall not be affected.
The requirements of this article apply to all persons within the Village of Hales Corners, Wisconsin.
The provisions of this article shall take effect on January 12, 2026.
For the purposes of this article, the following terms shall have the meanings indicated:
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping containers and related products.
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
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, oven ware, plate glass, safety and window glass. heat-resistant glass such as pyrex, lead based glass such as crystal, or TV tubes.
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.
A property containing five or more residential units, including those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental facilities and properties. Non-residential facilities and properties includes any location at which goods or services are provided or manufactured, including locations under construction. demolition. or remodeling. or used for special events such as fairs, festivals, sport venues, conferences. and exhibits. This term does not include multiple-family dwellings.
A variety of high-grade printing and writing papers. This term does not include industrial process waste.
Plastic resins labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association, local government 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.
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 retail sale.
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 No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Set forth in an ordinance adopted by the Village Board, in a newspaper of general circulation in the Village or in a notice mailed to Village residents.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other containerboard; 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 bimetal containers.
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 designated to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
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.
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:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other containerboard.
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 § 370-11 above 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 § 370-11 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 § 370-11E 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, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 370-11 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.
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.
Lead acid batteries shall be transported by the owner thereof to any recycling business or person authorized by law to accept lead acid batteries for recycling.
B.
Major appliances shall be collected at curbside upon request to the Village or its collection contractor by the occupant of a single- or two- to four-family residence. A person may dispose of a microwave oven in a solid waste disposal facility in this state if the capacitor has been removed and disposed of in accordance with § 299.45(7), Wis. Stats., relating to rules prescribing the methods and providing or designation sites and facilities for the disposal of PCBs and products containing PCBs.
C.
Waste oil shall be transported by the owner thereof to any recycling business or person authorized by law to accept waste oil for recycling.
D.
Yard waste, excepting grass clippings, shall be placed at curbside by the occupant for collection by the Village solid waste contractor on such dates as published by the Village. Grass clippings shall not be collected by the Village or its solid waste contractor. Grass clippings shall be mulched or composted on the property from which they were obtained or transported by the owner thereof to any recycling business or person authorized by law to accept grass clippings for composting, recycling or disposal.
Except as directed by the Village Director of Public Works or his designee, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in§ 370-11E through O:
A.
Aluminum containers shall be rinsed free of product residue, crushed or flattened, placed in the approved recycling bin and placed at curbside on such dates as published by the Village for collection.
B.
Bimetal containers shall be rinsed free of product residue, placed in the approved recycling bin and placed at curbside for collection on the dates as published by the Village for collection.
C.
Corrugated paper or other containerboard shall be free of debris, flattened, stacked and tied and placed at curbside for collection on the dates as published by the Village.
D.
Glass containers shall be placed in the approved recycling bin and placed at curbside for collection on the dates as published by the Village.
E.
Magazines shall be bound with string or twine or in a paper bag and placed at curbside for collection on the dates as published by the Village.
F.
Newspapers shall be bound with string or twine or in a paper bag and placed at curbside for collection on the dates as published by the Village.
G.
Office paper shall be bound with string or twine or in a paper bag and placed at curbside for collection on the dates as published by the Village.
H.
Rigid plastic containers, including those made of PETE, HOPE, PVC, LDPE, PP, PS or other resins or multiple resins, shall be rinsed free of product residue, placed in the approved recycling bin and be placed at curbside for collection on the dates as published by the Village.
I.
Steel containers shall be rinsed free of product residue, placed in the approved recycling bin and be placed at curbside for collection on the dates as published by the Village.
J.
Waste tires shall be placed at curbside for collection on such dates as published by the Village.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 370-11E through O:
(1)
Provide adequate, separate containers for the recycling program established in compliance with the ordinance. The number of recycling containers shall equal or be greater than the number of trash containers and at least one of the following shall be met:
(a)
The minimum total volume of recycling container space is equal to 20 gallons per week per dwelling unit.
(b)
The ratio of trash container volume to recycling container volume is at most 2:1.
(c)
An alternative method that does not result in the overflow of a recycling container during the time period between collection of materials and delivery to a recycling facility.
(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 which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, and locations of drop-off collection sites to recycle materials not collected on-site.
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 Department of Natural Resources that recovers for recycling the materials specified in § 370-11E through O 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§ 370-11E through O:
(1)
Provide adequate, separate containers for the recycling program established under this section. The total volume of recycling containers hall be sufficient to avoid overflow during the time period between collection of materials and delivery to a recycling facility.
(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 which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites. and locations of drop-off collection sites to recycle materials not collected on-site.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer 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 § 370-11E through O from solid waste in as pure a form as is technically feasible.
A.
No person shall engage in the business of hauling recyclables within the Village without being licensed by the Department of Natural Resources under § NR 502.06, Wis. Adm. Code.
B.
Haulers who collect solid waste or recyclables in the Village for storage, treatment, processing, marketing or disposal shall obtain and maintain all necessary municipal, federal and state permits, licenses and approvals prior to collecting any materials in the Village.
Any contractor operating in the Village shall not transport for processing any recyclables to a processing facility unless that facility has been approved, in writing, by the Village and, by January 1, 1995, the facility has self-certified with the Wisconsin Department of Natural Resources under § NR 544.16, Wis. Adm. Code.
It shall be unlawful for any person, unless under contract with or licensed by the Village, to collect or remove any recyclable material that has been deposited or placed at the curb or in a container adjacent to a home or nonresidential building for the purpose of collection for recycling.
A.
It shall be unlawful for any person to dispose of or dump garbage in any street, alley or other public place within the Village or in any receptacles or private property without the owner's consent unless it is placed in bags or containers in the manner and at the times specified by this article and Article II of this chapter.
B.
No person shall place for collection any garbage at the curb not owned or occupied by such person.
It shall be unlawful for any person to burn or bury solid waste or recyclables unless such person is authorized or licensed to do so by the Wisconsin Department of Natural Resources.
No person shall place for disposal or municipal collection any of the following wastes: hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, and medical wastes (excepting personal needles which shall be contained in cardboard to eliminate injury to collection personnel).
No person shall bring refuse for disposal (and recyclables) from outside the corporate limits into the Village unless authorized by written agreement with the Village.
A.
Haulers may not dispose in a landfill or burn in a solid waste facility any recyclable materials generated in the Village that have been separated for recycling.
B.
Haulers shall not compact glass with paper during collection and transport of recyclables to a processing facility or market, and shall maintain materials in marketable condition.
The hauler has the right to reject or leave at the curb any recyclable material that is not prepared according to the specifications in this article or in education material provided by the contractor or the Village to the service recipients. Materials may also be left if not separated from solid waste or placed in the proper containers or which are not designated recyclable materials for collection. The hauler also has the right to refuse to pick up any solid waste if it contains recyclable containers or material. In such cases, the hauler shall notify the generator of the materials about the reasons for rejecting the items, in writing. The hauler shall also keep a list of such occurrences and provide it to the Village at least quarterly each year.
The recycling haulers and processors operating in the municipality are required to maintain records and report, in writing, to the Village at least quarterly each year. Reports shall include the amount of solid waste and recyclables collected and transported from the municipality; the amount of solid waste and recyclables processed and/or marketed by item type from the municipality; and the final disposal location of solid waste and recyclable material. Failure to report shall be cause for the municipality to revoke any license or sever any contract with the hauler/processor.
Recyclable materials, upon collection by any permitted collection contractor, shall become the property of the contractor.
The Village reserves the right to designate additional waste materials as recyclable or currently collected materials as no longer recyclable in accordance with state law and to either add or delete them from any collection services provided by the Village or its contractors. The Village shall publish any such change in designated recyclable materials.
The Village shall establish the time of collection of solid waste and recyclables, and the Clerk shall publish such collection schedule upon its inception and at any time when the collection schedule is changed.
A.
Solid waste shall be placed for collection in bags or containers, not to exceed 50 pounds per bag or container or 30 gallons, and contained in a manner to avoid litter.
B.
Recyclables shall be placed in recyclable bins approved by the Village. Yard waste shall not be enclosed in plastic bags, except dry leaves, which for the fall leaf collection only may be contained in fifty-five-gallon-size plastic bags, full weight not to exceed 80 pounds. Brush shall not exceed three-inch stalk diameter and shall be packaged so as not to exceed one foot in diameter and four feet in length. Wooden logs cannot exceed four feet in length or six inches maximum cross-sectional dimension.
Except as otherwise specifically directed or authorized by the Village, solid waste and recycling containers shall be placed within seven feet of the edge of roadway pavement, adjacent to the premises owned or occupied by the person. Materials should be placed out for collection according to the scheduled days established and published by the Village.
Occupants of single-family and two- to four-unit residences shall contact the Village or hauler when they have couches and bulky items for disposal, to obtain preparation requirements and to arrange for the collection of such items.
A.
For the purpose of ascertaining compliance with the provisions of this article, the Village Director of Public Works or his 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 nonresidential facilities and properties, and any records information related to recycling activities. which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to such authorized officer of the Village 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 article may be issued a citation by the Village Director of Public Works or his designee 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.
C.
Penalties for violating this article may be assessed as follows:
(1)
Any person who violates § 370-18 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. Each day that a violation continues shall constitute a separate violation. To such forfeiture shall be added the costs of prosecution, and in default of payment of such forfeiture and costs, such person shall be imprisoned in the county jail or house of correction until paid, but not exceeding 90 days.
(2)
Any person who violates a provision of this article, except § 370-18, may be required to forfeit not less than $10 nor more than $1,000 for each violation. Each day that a violation continues shall constitute a separate violation. To such forfeiture shall be added the costs of prosecution, and in default of payment of such forfeiture and costs such person shall be imprisoned in the county jail or house of correction until paid, but not exceeding 90 days.