[Adopted 5-11-1990 by Ord. No. 90-O-9
(§ 5.10 of the 1990 Code)]
For purposes of this article, the following words have the following
meanings:
COLLECTOR
The contractor selected by the Village to collect solid waste.
DIRECTOR
The Board of the Village of Black Earth.
FERROUS
A can made partly or completely of tin.
GARBAGE
Includes all waste resulting from the use, preparation, cooking and
consumption of food.
HAZARDOUS WASTE
Any substance or combination of substances, including any waste of
a solid, semisolid, liquid 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 the environment because of its quantity,
concentration or physical, chemical or infectious characteristics. This term
includes, but is not limited to, substances which are toxic, corrosive, flammable,
irritants, strong sensitizers or explosives as determined by the Department
of Natural Resources.
MAJOR APPLIANCES
Residential or commercial air conditioners, clothes dryers, clothes
washers, dish washers, freezers, microwave ovens, ovens, refrigerators, furnaces,
boilers, dehumidifiers, water heaters or stoves.
[Added 9-7-1994 by Ord. No. 94-O-2]
MULTIFAMILY DWELLING
A dwelling intended to be the residence of three or more families
or containing three or more dwelling units.
NEWSPAPER
Matter printed on newsprint but not including books, magazines, catalogues,
glossy paper or similar materials.
NONRECYCLABLE MATERIALS
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, blue and flat glass commonly known as "window glass,"
styrofoam, pyrex, light bulbs, mirrors, china, waxed paper, waxed cardboard,
envelopes with gummed labels, glossy paper, magazines and other materials
not defined as recyclable materials for purposes of this article.
RECYCLABLE MATERIALS
Includes newspapers, corrugated cardboard, unbroken brown, green
and white container glass, aluminum and ferrous metal cans, recyclable plastic
containers and metal products, automobile tires and automobile batteries.
[Amended 11-6-1990 by Ord. No. 90-O-16]
RECYCLABLE PLASTIC
Generally means high-density polyethylene and polyethylene terphalete
plastic containers and specifically means any plastic containers described
as recyclable on the list posted and maintained at the Village Hall by the
Village Clerk-Treasurer, which list is incorporated herein by reference and
is subject to revision and updating at any time.
RUBBISH
Includes but is not limited to tree trunks, stumps, tree branches,
brush, and other nonrecyclable materials other than garbage or yard waste.
SOLID WASTE
Garbage, refuse, and all other discarded or salvageable solid materials
resulting from industrial, commercial, and agricultural operations and from
domestic use and public service facilities, but does not include solids or
dissolved materials in wastewater effluents or other waste pollutants.
YARD WASTE
Includes leaves, grass clippings, garden debris and other similar
organic materials.
This article shall apply to each owner or occupant of any business,
industry, local, state and federal governments, place of commerce or other
place providing goods or services of any kind, and to each owner or occupant
of any single-family residence, two-family residence or multifamily dwelling
unit, and to all other covered activities within the corporate limits of the
Village of Black Earth.
The Village Board shall annually establish a schedule for waste collection.
The Village Board may vary from or modify the schedule at any time as necessary.
The Village Board shall also establish and post rules and standards for the
collection of certain items and may modify these rules as necessary. The Village
Clerk-Treasurer shall publish the collection schedule at least once in the
spring and fall of each year and, in addition, at any time when the collection
schedule is modified. Village collection of waste will be made at curbside
only. However, the Village Board may authorize a pickup location other than
curbside upon request by the owner or occupant of the premises. No items or
materials shall be placed at curbside for Village pickup sooner than 24 hours
prior to the scheduled collection times as designated by the Village, and
containers shall not remain at the curbline longer than 12 hours after the
scheduled pickup.
No person shall place for pickup, nor shall the collector or the Village
pick up, any of the following materials:
A. Materials that do not comply with one or more of the
requirements of this article or do not comply with rules or standards established
by the Village Board.
C. Garbage or rubbish substantially in excess of one cubic
yard of material per week unless greater amounts are authorized in writing
by the Village Board or the Village's authorized agent for collection.
D. Any hazardous substances, unless the Village Board specifically
authorizes such disposal and/or collection.
Any person who violates or fails to comply with any provision of this article shall, upon conviction, forfeit not less than $50 nor more than $500, together with the costs of prosecution. Each day or incident of violation shall be a separate offense. Village law enforcement officers are authorized to issue citations for violation of any provision of this article in the same manner as provided in Chapter
12, Citations, of this Code. In addition to or in lieu of an action to collect the penalties provided for in this section, compliance with this section or any rule or standard adopted under §
231-8 may also be sought by injunctive or other appropriate judicial relief.