This article shall be known as the "Solid Waste
Management Ordinance of the Village of Orfordville," hereinafter referred
to as "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
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 WASTE
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.
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, and 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,
and 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. A 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, and 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 noncollection
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 area, with continued violation
resulting in the owner being prosecuted under the provisions of this
article and other Village ordinances.
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 Orfordville.
No person shall place in or on any garbage can,
dumpster or other trash receptacle not belonging to or assigned by
the owner of such receptacle to such person any garbage, refuse or
trash without the permission of the owner or designated assignee of
such receptacle, unless such receptacle is designated expressly or
implicitly for use by the general public.
This article is not intended to repeal, abrogate,
annul, impair or interfere with any existing rules, regulations, ordinances
or permits previously adopted, required or issued pursuant to law.
The provisions of this article shall be considered to be the minimum
requirements of the Village of Orfordville and shall not be deemed
to be a limitation or repeal of any other power granted or duties
imposed by the ordinances of the Village of Orfordville or by the
laws and regulations of the State of Wisconsin. Where any terms or
requirements of this article are inconsistent or conflict with other
ordinances, statutes or administrative regulations, the more strict
or stringent requirements or interpretations shall apply. Where the
provisions of this article are required by the laws of the State of
Wisconsin, or where the provisions of this article may be considered
unclear for any reason, the provisions contained herein shall be interpreted
in accordance with the then-current laws and regulations of the State
of Wisconsin in effect at the time the question of interpretation
arises.
The provisions and requirements of this article
shall be administered by the Village of Orfordville Village Board
and its authorized representatives.
For the purposes of this article, the following
terms shall have the meanings indicated:
BIMETAL CONTAINER
A container that is made primarily of a combination of steel
and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping
containers and related products.
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.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
LEAD ACID BATTERY
A battery used or which may be used in conjunction with an
internal combustion, steam or electrical engine, of any kind or nature
whatsoever.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven from which the
capacitor has been removed, oven, refrigerator, or stove, as well
as residential and commercial furnaces, boilers, dehumidifiers and
water heaters.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including
those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
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.
PERSON
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 No. 1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale.
POSTCONSUMER 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 No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
Lead acid batteries, major appliances, waste oil, yard waste,
aluminum containers, corrugated paper or other container board, foam
polystyrene packing, 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.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis.
Stats.
SOLID WASTE DISPOSAL
The discharge, deposit, injection, dumping or placing of
any solid waste into or on any land or water. This term does not include
the transportation, storage, or treatment of solid waste.
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.
WASTE OIL
Any oil designed for use in an engine of any kind or nature
whatsoever, including, without limitation, oil used in gearing, as
a lubricant or for a transmission, after such oil has been used and
removed from such engine but before the oil has been recycled.
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 four inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
All owners and occupants of single-family, two-,
three- or four-unit residences, multiple-family dwellings and nonresidential
facilities and properties, as defined herein, shall separate the following
materials from postconsumer waste:
G. Corrugated paper or other container board.
H. Foam polystyrene packaging.
M. Rigid plastic containers made of PETE (No. 1) and
HDPE (No. 2).
P. Rigid plastic containers made of PVC (No. 3), LDPE
(No. 4), PP (No. 5), PS (No. 6) and other resins or multiple resins
(No. 7).
To the extent practical, the recyclable materials
separated as required above shall be clean and kept free of contaminants
such as food residue, 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 sorted in a manner which protects them from wind, rain and
other inclement weather conditions.
The requirements for the separation of recyclable
materials as provided herein do not apply under the following circumstances:
A. Occupants or owners of single-family, two-, three-
and four-unit residences, multiple-family dwellings and nonresidential
facilities and properties, as defined herein, that send their postconsumer
waste to a processing facility licensed by the State of Wisconsin
Department of Natural Resources that recovers the materials specified
for and required to be recycled 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 as specified herein for which
a variance has been granted by the State of Wisconsin Department of
Natural Resources under either the statutes of the State of Wisconsin
or provisions of the Wisconsin Administrative Code.
Occupants and owners of single-family, two-,
three- and 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 with intact cases shall be placed
alongside the recycling bin.
B. Major appliances shall be placed at curbside provided
prior arrangement has been made between the occupants and the licensed
recyclable hauler.
C. Waste oil shall be placed in a clean, covered receptacle
and placed alongside the recycling bin.
D. Yard waste shall be dropped off at the Village yard
waste site, located at the Village Wastewater Treatment Plant on West
Brodhead Street, at the hours specified by the Village.
Occupants and owners of single-family and two-, three- and four-unit residences shall be required to prepare recyclable materials as defined herein and as described in §
272-16E through
P above by complying with the requirements of the contracted recycling hauler or by other notices, regulations or ordinances of the Village of Orfordville which are currently in existence or which may later be enacted or given.
The Village of Orfordville reserves the right
to designate additional postconsumer waste 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 municipality or its contractors. The Village shall
provide written notice to its service recipients of this declaration.