[HISTORY: Adopted by the Village Board of
the Village of Theresa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-3-1996 as Title 8, Ch. 3 of the 1996 Code; amended
in its entirety 3-20-2023 by Ord. No. 2023-01]
A.
Title. The title of this article is the "Recycling
Ordinance for the Village of Theresa."
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, Wis. Stats.
D.
Abrogation and greater restrictions. It is not intended
by this article to repeal, abrogate, annual, 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 provision in this article is
unclear, the provision shall be interpreted in light of the Wisconsin
Statutes and the Ch. 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.
F.
Applicability. The requirements of this article apply
to all persons within the Village of Theresa.
G.
Administration. The provisions of this article shall
be administered by Village of Theresa Village Board and its designees.
The following definitions shall be applicable
in this article:
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:
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, refrigerator
or stove.
A property containing five or more residential units, including
those which are occupied seasonally.
Newspaper and other materials printed on newsprint.
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 No. 7.
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 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 a 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.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Lead acid batteries; major appliances; waste oil; yard waste;
aluminum containers; corrugated paper or other container board; 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 § 281.01(15), 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.
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.
Collection.
(1)
Collection, removal and disposal of garbage, refuse, solid waste
and recyclables for one to four family units, business, industrial
and commercial units and Village-owned properties and parks shall
be performed per the specifications and terms set forth in the current
contract. One curbside garbage collection shall be performed each
week; one curbside recycling collection shall be performed on a biweekly
basis.
(2)
Residential, business, industrial, commercial, public authority and
multiple-family garbage, refuse, solid waste and recyclables shall
be placed in an approved waste and recycling container; size of containers
to be determined by specifications and terms of current contract.
(a)
One waste and one recycling container will be provided to each
residential dwelling unit.
(b)
Multiple-family dwellings comprised of one to four units may
receive up to one waste and one recycling container per dwelling unit.
(c)
Each business, industrial, commercial and public authority unit
may receive up to one waste and one recycling container.
(d)
The collection of garbage, refuse, solid waste and recyclables
from apartments or condominiums consisting of more than four dwelling
units per building will be allowable.
B.
Collection placement.
(1)
Residential, business, industrial, commercial and multiple-family
garbage, refuse, solid waste and recyclables shall be placed in an
approved waste and recycling container and placed at the curb, street-side
or in the driveway for collection.
(2)
Collection crews will not collect waste or recyclables unless they
are placed in an approved waste and recycling container and located
in the proper pickup location. If collection crew is unable to discharge
the contents of container using normal handling procedures, the container,
including contents thereof, will be left curbside. Collection crews
will not collect waste and recyclables by any other means other than
as stipulated in the current contract.
C.
Placement of dumpster(s) for multiple-family, business, commercial,
industrial and public authority customers.
(1)
Dumpster(s) are not for use by, and shall not be placed on, any single-family
residential dwelling property for the collection of garbage, refuse,
trash, solid waste or recyclables.
(2)
Dumpster(s) shall clearly display the company or contractor name,
address and phone number.
(3)
Dumpster(s) shall have sufficient pickups as to prevent overflow
or nuisance conditions, including but not limited to odors, insect,
rodent or animal problems.
(4)
User shall maintain the area surrounding the dumpster in a clean,
odor-free, and litter-free condition.
(5)
No dumpster may be placed in such a way as to block a private or
public right-of-way, sidewalk or driveway.
(6)
Dumpster(s) shall be placed within an enclosure
D.
Placement restrictions.
(1)
Waste and recycling containers shall be placed at least 12 inches
apart on the veranda, driveway approach, or, when practical, at the
edge of the street providing they do not impede traffic. Waste containers,
recycling containers and dumpsters shall not be placed on top of snow
banks.
(2)
No waste or recycling containers shall be placed at the curb for
collection sooner than 24 hours before the regular collection time.
(3)
All waste and recycling containers shall be removed from the curb
within 24 hours after regular collection time.
(4)
Collection crews shall not enter any structures to remove waste or
recycling containers.
E.
Garbage and recycling collection regulated.
(1)
No person shall transport to the Village any garbage, refuse, trash,
solid waste, or recyclables that were generated outside the Village
municipal limits for the purpose of depositing the same in or upon
any public or private property located within the Village limits.
F.
Collection fee.
(1)
The fees for garbage, refuse, solid waste and recycling collection
shall be in accordance with the specifications and terms set forth
by the current contract between the Village of Theresa and contracted
collector.
(2)
Contract costs, per unit, shall be placed on the Village of Theresa
Sewer and Water quarterly utility bill.
(3)
The Village Board is hereby granted the authority to establish and
amend, from time to time, the fees in a sufficient amount to cover
the costs to the approved waste and recycling collection contractor
and per specifications and terms set forth by the current contract.
Fees shall be assessed for collection and disposal of solid waste
and recyclable materials as follows:
(a)
Occupants of a single-family and two-to-four-multiple-family
units shall be charged a standard Village collection fee per dwelling
unit.
(b)
Business, industrial, commercial and public authority customers/units
may receive up to one waste and one recycling container and will be
charged a standard fee; owners have the option to make their own arrangements
for an alternative form of waste and recycling collection; standard
Village collection fee(s) would be waived.
(c)
Business, industrial, commercial and public authority customers/units
needing more than one waste and one recycling container shall make
their own arrangements for an alternative form of waste and recycling
collection; standard Village collection fee(s) will be waived.
(d)
Waste and recycling collection for apartments, condominiums,
or any other multiple-family dwellings consisting of more than four
units per building can make their own arrangements for an alternative
form of waste and recycling collection; standard Village collection
fee(s) will be waived.
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 container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines.
K.
Newspapers.
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 § 297-4 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 § 297-4 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.
To the greatest extent practicable, the recyclable materials separated in accordance with § 297-4 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.
(Reserved)
B.
Major appliances, tires and electronics are not collected
during bulk pickup, and the property owner needs to make arrangements
to have these items disposed of.
C.
Clean waste oil can be taken to a location as set forth by the Village.
D.
Yard waste shall be disposed as set forth by the Village.
Except as otherwise directed by the Village Board of Theresa, 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 § 297-4E through O:
A.
Aluminum containers shall be clean and placed in the
provided collection container and placed at the curb on the regular
waste pickup day.
B.
Bimetal containers shall be clean and placed in the
provided collection container and placed at the curb on the regular
waste pickup day.
C.
Corrugated paper or other container board shall be
tied in bundles in three-by-three-foot size pieces and placed at curb
on the regular waste pickup day.
D.
Foam polystyrene packaging shall be placed with regular
waste.
E.
Glass containers shall be clean and placed in the
provided collection container and placed at the curb on the regular
waste pickup day.
F.
Magazines shall be bundled and placed in the provided
collection container and placed at the curb on the regular waste pickup
day.
G.
Newspaper shall be bundled and placed in the provided
collection container and placed at the curb on the regular waste pickup
day.
H.
Office paper shall be bundled and placed in the provided
collection container and placed at the curb on the regular waste pickup
day.
I.
Rigid plastic containers shall be prepared and collected
as follows:
(1)
Plastic containers made of PETE, including No. 1 plastic,
shall be clean and placed in the provided collection container and
placed at the curb on the regular waste pickup day.
(2)
Plastic containers made of HDPE, including No. 2 plastic,
shall be clean and placed in the provided collection container and
placed at the curb on the regular waste pickup day.
(3)
Plastic containers made of PVC, including No. 3 plastic,
shall be placed with regular waste.
(4)
Plastic containers made of LDPE, including No. 4 plastic,
shall be placed with regular waste.
(5)
Plastic containers made of PP, including No. 5 plastic,
shall be placed with regular waste.
(6)
Plastic containers made of PS, including No. 6 plastic,
shall be placed with regular waste.
(7)
Plastic containers made of other resins or multiple
resins, including all other plastics, shall be placed with regular
waste.
J.
Steel containers shall be clean and placed at curb
at scheduled bulk waste pickup days.
K.
Paint cans or containers of other chemicals cannot
be disposed of in liquid state; they must be solid, then can be put
in the trash cart for regular scheduled waste pickup days.
L.
Televisions and microwaves will not be disposed of
by the solid waste facility and should not be included with bulk pickup
items.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 297-4E through O:
(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 reasons 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
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 designate agents of multiple-family dwellings if the postconsumer 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 § 297-4E 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 § 297-4E through O:
(1)
Provide adequate, separate containers for the recyclable
materials.
(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 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 designate agents of nonresidential facilities if the postconsumer 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 § 297-4E through O 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 Theresa 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 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 Theresa 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 the Village of Theresa 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. 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.