[HISTORY: Adopted by the Village Board of
the Village of Mazomanie 6-28-1988 as Title 6, Ch. 3 of the 1988 Code. Amendments noted where
applicable.]
A.
Title. This chapter shall be known as the "Solid Waste
Management Ordinance of the Village of Mazomanie, Wisconsin," hereinafter
referred to as "this chapter."
B.
Garbage and refuse collection service. All residential
garbage and refuse collection service shall be provided by Village
personnel or by private firms under contract with the Village.
C.
Garbage and refuse collection generally. The collection,
removal and disposal of refuse shall be conducted under the supervision,
direction and control of the Chairman of the Public Works and Properties
Committee in strict conformity with the provisions of this chapter
and with such other rules and regulations as may be made by resolution
of the Village Board or the Public Works and Properties Committee.[1]
It is hereby declared to be the purpose and
intent of this chapter 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 purposes of this chapter, the following
words and phrases shall have the meaning 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.
All property other than residential units, and shall include
boardinghouses, motels and resorts.
The back edge of curb and gutter along a paved street or
where one would be if the street were 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 of a combination of persons who may be considered as equivalent
to a single-family unit for the purposes of this chapter.
Includes every refuse accumulation of animal, fruit or vegetable
matter, liquid or otherwise, that attends the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit or vegetables in
containers 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 Department of Natural Resources.
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.).
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.
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; 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.
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.
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 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 provision of this
chapter and other Village ordinances.
A.
General container standards. Suitable containers of
a type approved by the Village shall be provided by the property owner
or tenant in which to store all solid waste 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 container of a type approved by
the Chairman of Public Works and Properties Committee. 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. All garbage containers for residential units shall be of
metal, durable plastic, or other suitable, moisture-resistant material
and shall not exceed 30 gallons in capacity. Other containers for
multifamily residential units (such as dumpsters) may be used with
the express approval of Chairman of the Public Works and Properties
Committee. The container including contents shall not exceed in weight
that which one person can safely lift (50 pounds). Metal garbage cans
shall be of sufficient thickness to resist denting during normal handling
by collection crews. 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 chapter. These containers
will not be emptied regardless of contents or weight.
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 snow bank, nor shall it be
placed in the roadway. The owner shall either shovel out an area behind
the curb in which to place his wastes or he shall place it in his
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 Chairman of the Public Works and Properties Committee 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. of the evenings prior to the regular collection time the following day. All receptacles, bags 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.
C.
Collection schedule.
(1)
The designation of the day or days of refuse collection
shall be made by the Chairman of the Public Works and Properties Committee,
and such information shall be advertised so that all occupants, tenants
and proprietors of all residential units will be advised of the correct
collection schedule. Unless hardship is shown, caused by extreme weather
conditions or other hazardous situations, refuse shall be collected
from all residential units weekly.
(2)
The occupant, tenant or proprietor of a residential
unit shall notify the Chairman of the Public Works and Properties
Committee that collection of refuse from such place is required.
D.
Materials deposited in garbage containers. Rubbish,
except broken glass, may be deposited in garbage containers. Liquid
garbage shall not be deposited in such containers. Kitchen garbage
shall be drained of all moisture and completely wrapped in paper or
plastic before it is placed or deposited in garbage containers.
E.
Residential rubbish collected with garbage. The Village will cause to be collected and disposed of all rubbish which is deposited in garbage containers for residential units as authorized in Subsection D above. To the extent that equipment and personnel are available as determined by the Chairman of the Public Works and Properties Committee, the Village may collect and dispose of rubbish other than that deposited in garbage containers upon request of an occupant, tenant or proprietor of a residential unit.
A.
Dead animals. It shall be unlawful to place any dead
animal, or parts thereof, in a container for collection; provided,
however, that 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 waste 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, or
public or private property within this municipality contrary to the
provisions of this chapter.
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 this locality contrary to the
provisions of this chapter.
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
unauthorized person molest, hinder, delay or in any manner interfere
with an authorized garbage collector in the discharge of his 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.
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. If 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.
It is hereby found and determined that the periodic
collection of refuse from all residential units in the Village benefits
all occupants of such places and premises in the Village, and such
occupants, tenants and proprietors of each residential unit are liable
for and shall pay the garbage collection fees established by the Village
Board. Garbage collection service for residential units is provided
by the Village, and it shall be mandatory for all occupants, tenants
and proprietors of each residential unit to use the Village's collection
services. It shall be unlawful for any person other than authorized
agents, employees, or contractors of the Village to collect, remove
or dispose of refuse from residential units in the Village; provided,
however, that nothing contained herein shall prevent the use of garbage
disposal devices as provided in the Village Plumbing Code.
All occupants and persons in possession, charge
or control of commercial units shall be responsible for the accumulation,
collection, removal and disposal of refuse from such commercial units.
It shall be the duty of every person in possession, charge or control
of a commercial unit to provide, and at all times keep in a suitable
place, readily accessible garbage containers capable of holding all
garbage which would ordinarily accumulate on such premises between
the times of successive collections. It shall be the duty of every
person in possession, charge or control of a commercial unit to cause
such refuse to be collected, removed and disposed of at least weekly.
Refuse which is not collected by the Village,
its agents, employees, or contractors may be collected and disposed
of by private rubbish haulers. All vehicles used to transport rubbish
shall be provided with equipment to prevent rubbish from blowing out
of, falling from, or otherwise escaping from such vehicle. All rubbish
haulers shall comply with all applicable rules and regulations established
by the Village Board.
It shall be unlawful for any person or persons
to deposit, throw or place any refuse on or within any public street,
alley, park, sidewalk, or other public place, or on any private property
within the Village, whether owned, kept or controlled by such person
or persons, except and unless placed in containers or receptacles
or securely bundled as provided herein, and as authorized by the Chairman
of the Public Works and Properties Committee.
A.
Fees for garbage and rubbish collection from residential
units shall be charged monthly and collected with other utility bills
paid to the Village. Such fee shall be the ultimate responsibility
of the owner of said residential property; nonpayment of such collection
fee more than 30 days after the bill for such fees has been mailed
shall constitute a delinquency and may become a charge against such
property and collected by special assessment.
[Amended 11-22-1994 by Ord. No. 1994-5]
A.
No person shall dispose of any waste motor oil by
pouring it on the ground, into storm sewers, ditches or waterways,
or into gutters or Village streets.
B.
Any person wishing to dispose of waste motor oil shall
place it next to his recycling container on the regular pickup day
or at any other legal waste motor oil site.
Brush may be collected provided that the following
conditions are met:
A.
All thorny brush must be bundled in three-foot lengths
and placed at the curb in a separate pile.
B.
All tree brush must be bundled and shall not exceed
50 pounds.
C.
Branches shall be no bigger than two inches in diameter.
D.
Branches shall be no longer than eight feet in length.
E.
Property owners are responsible for clearing the terrace
of any brush scraps.
F.
Brush must not be set out earlier than 48 hours before
scheduled pickup.
G.
For pickup of brush placed on the curb on nonscheduled
pickup days, a charge per load will be made per the fee schedule.
H.
All tree removal is the responsibility of the property
owner.
I.
Brush pickup is to be the first Monday of each month.
J.
Persons must notify the Village office before the
first Monday of the month if they have brush to be picked up.
[1]
Editor's Note: Former § 355-17, Spring and fall
cleanup program, was repealed 8-22-2023 by Ord. No. 2023-6]
[Amended 11-22-1994 by Ord. No. 1994-5]
A.
Findings. The Village Board finds participation in
a mandatory source separation recycling program appropriate in this
jurisdiction to conserve energy, recycle valuable resources, and protect
public health, welfare and the environment, while conserving local
landfill capacity. The Village also finds participation in these programs
appropriate to achieve consistency with county-wide recycling policies
to ensure that the Village will be able to use the county-owned landfill.
B.
BULKY WASTE
COLLECTOR/HAULER
CORRUGATED CARDBOARD
DEMOLITION AND CONSTRUCTION MATERIAL
GARBAGE
GLASS CONTAINERS
GOOD FAITH
HAZARDOUS WASTE or HAZARDOUS SUBSTANCE
LEAD ACID BATTERIES
MAGAZINES
MAJOR APPLIANCE
METAL CANS
MIXED PAPER
MULTIFAMILY DWELLING
MUNICIPALITY
NEWSPAPERS
OTHER PAPER
PERSON
PLASTIC CONTAINER
PREPARATION STANDARDS
RECYCLABLE MATERIAL
REFUSE
SOLID WASTE STORAGE
SOLID WASTE STREAM
TIRES
USED OIL
YARD WASTE
Definitions. The following words are defined in this
section as follows:
Large items such as furniture, mattresses, carpeting, large
metal products (such as lawn mowers, gym sets, lawn furniture, etc.),
brush and other large items whose proportions are not easily reduced.
The contractor or person chosen by the Village Board to collect,
handle, transport and report on the community's solid waste, recyclables
and nonrecyclables or the person or persons contracting with waste
generators for these services and will enforce preparation standards
for recyclable materials as well as ensure community compliance with
this source separation recycling program.
Heavy duty Kraft-type paper packaging material with a corrugated
medium between two flat paper liners, and does include boxes or holders
for six packs or 12 packs of beverage cans or bottles and brown paper
sacks.
Discarded solid waste resulting from the construction, demolition
or razing of buildings, roads and other structures. Demolition and
construction material typically consists of concrete, bricks, bituminous
concrete, wood, glass, masonry, roofing, siding and plaster, alone
or in combinations. It does not include asbestos, waste paints, solvents,
sealers, adhesives or similar materials.
Discarded solid materials resulting from the handling, processing,
storage and consumption of food.
Glass bottles, jars and containers, and does not include
window glass, drinking glasses, pyrex-type, light bulbs, or other
noncontainer glass.
Reasonable efforts to adhere to the policies, standards and
rules of this mandatory source separation recycling program.
As defined in § 291.01, Wis. Stats.[1]
Automotive and related batteries that are comprised of lead
plates with an acid electrolyte, and does not include nickel-cadmium
batteries, dry cell (flashlight) batteries or batteries used in calculators,
watches, hearing aids or similar devices.
Matter that is printed on glossy paper, including publications
that are released weekly, monthly or quarterly.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, water heater or any other item commonly referred to as a "white
good."
Tin-coated steel cans, bimetal cans, and aluminum cans used
for food and other nonhazardous materials, including empty aerosol
cans with the plastic nozzle and lid removed, and pots, pans and silverware,
but excluding cans that held paint, paint-related products, pesticides
or other toxic or hazardous substances.
Cereal boxes and similar type box board (remove insert) and
all other types of paper: junk mail, office paper, flyers, freezer
food cartons, margarine and butter boxes, phone books, catalogs and
all other uncoated paper, and does not include used paper plates,
paper towels or paper napkins.
A residential dwelling place intended to be the residence
of four or more independent family units.
The Village of Mazomanie, located wholly within the boundaries
of Dane County.
Matter printed on newsprint, including daily or weekly publications
and advertising materials, including inserts, comics, flyers, etc.
All paper excluding newsprint materials, magazines or materials
specifically excepted in the definitions of "newspapers," "magazines"
and "corrugated cardboard" but shall include grades of fiber materials
with available markets for recycling.
Includes any individual, corporation, organization, association,
or local governmental unit, as defined in § 66.0131(1),
Wis. Stats., state agency or authority or federal agency.
Plastic bottle or container of eight ounces or greater clearly
marked with the recycling symbol with number. All No. 1, 2, 3, 4,
5, 6 and 7 plastics are considered recyclable.
Criteria provided establishing acceptable good faith limits
for introduction of materials into the source separation recycling
program involving either transport to a material recycling center
or temporary storage of such materials.
Identified materials meeting preparation standards and shall
include the following: newspapers; corrugated cardboard; magazines;
unbroken brown, green and clear container glass; aluminum, bimetal
and tin-coated steel cans; plastic containers; tires; used oil; lead
acid batteries; and major appliances and other ferrous and nonferrous
metals.
Discarded combustible and noncombustible materials, including
but not limited to bulky waste, major appliances, paper products,
glass, cloth, litter, uncontaminated ashes, building materials such
as wood, concrete, glass, plaster and other intermixed materials produced
in construction or demolition of structures and products thereof in
unrecoverable condition.
Safe, environmentally sound, short-term containment of materials,
and for recyclables shall involve preserving materials in a condition
meeting preparation standards by the property owner.
Recyclable materials, garbage, refuse, hazardous waste, hazardous
substances, used oil, tires, yard waste and all other discarded or
recyclable solid materials, including materials resulting from industrial,
commercial and agricultural operations and from community activities,
but does not include solids or dissolved material in wastewater effluents
or other common water pollutants.
For collection purposes shall mean rubber tires from automobiles
and light truck tires and other tires whose size is less than 22 x
5, which are removed from rims.
Any contaminated petroleum-derived or synthetic oil, including
but not limited to the following: engine and other mechanical lubricants;
hydraulic and transmission fluid; metal working fluid; and insulating
fluid or coolant.
Leaves, grass clippings, and yard and garden debris, including
brush and lean woody vegetative material. "Brush" means branches no
bigger than two inches in diameter and no longer than eight feet in
length but does not include tree stumps, extensive root systems or
shrubs with intact root balls.
C.
Applicability. This section shall apply to all persons,
entities, collectors and haulers within the corporate limits of the
Village of Mazomanie.
D.
Conflict and severability. The provisions of this
section shall be held to be minimum requirements and shall not be
deemed a limitation or repeal of any other power granted by the Wisconsin
Statutes or pertinent Dane County ordinances in their interpretation
and application. Because this section creates a comprehensive, mandatory
source separation recycling program in our community, where any terms
or requirements of this section may be inconsistent or conflicting,
the more restrictive requirements or interpretations consistent with
state and county law shall control. If any section, provision or portion
of this section is found unconstitutional or invalid by a court, the
remainder of the section shall remain enforceable and shall not be
affected by that ruling.
E.
Preparation standards. Acceptable recyclable materials
shall be prepared in accordance with the following standards for collection
purposes pursuant to this section. Furthermore, additional preparation
standards may be provided by notice to generators of waste and collectors/haulers
or by amendment to this subsection when other materials become recyclable
dependent upon available economic markets.
(1)
Newsprint shall be dry, free of paper not normally
included in the newspaper and not sunburnt (turned yellow or tan from
sun).
(2)
Magazines shall be dry and not sunburnt.
(3)
Corrugated cardboard shall be flattened, empty and
free of food debris and other contaminating material.
(4)
Glass containers shall be empty, clean of contaminants
and free of metal caps and rings.
(5)
Metal cans shall be empty and clean. Aerosol cans
must be empty.
(6)
Plastic containers shall be empty, clean and have
caps removed.
(7)
Lead acid batteries shall have all caps firmly attached
and be free from leaks.
(8)
Used oil shall be clearly identified as to type of
lubricant or fluid, shall be free of materials interfering with the
recycling process and shall be tightly sealed, nonleaking containers
and set out next to the recycling containers.
(9)
Tires shall include automobile and light truck tires
less than a size of 22 x 5 and be removed from rims. These tires shall
be collected only on designated days and in a manner chosen by the
Village Board.
F.
Mandatory source separation and collection. The following
provisions shall apply to the discarded solid waste stream generated
within the Village, excluding hazardous waste and hazardous substances:
(1)
Refuse and garbage. 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,
household appliances or garden debris. Garbage includes every refuse
accumulation of animal, fruit or vegetable matter, liquid or otherwise,
that attends the preparation, use, cooking, dealing in, or storing
of meat, fish, fowl, fruit or vegetables in containers originally
used for foodstuffs.
(2)
Yard waste. All persons who generate yard waste shall be responsible for appropriate disposal of yard waste from properties owned or occupied by the aforementioned persons. Composting of yard waste on private property is permitted where no nuisance occurs. Yard waste, as defined in § 355-18B, shall not be collected with the intent of disposal at Dane County sanitary landfills. The Village may provide for the collection and disposal of brush only on an as needed basis, dependent on work load and weather conditions.
[Amended 12-8-2006 by Ord. No. 2006-2; 5-12-2020 by Ord. No. 2020-6]
(3)
Separation and handling of recyclable materials. All
recyclable materials shall be separated from other items in the solid
waste stream. Recyclable materials placed at the curbside for collection
shall be separated between themselves in a system facilitating transport
and processing as provided herein. Recyclable materials shall meet
preparation standards, and persons shall make good faith efforts to
ensure recyclables and recycling containers are well-drained and reasonably
clean.[2]
[2]
Editor's Note: Original § 6-3-19(f)(4),
Separation of recylables required, which immediately followed this
subsection, was deleted 12-8-2006 by Ord. No. 2006-2.
(4)
Residential placement.
(a)
Weight. Residential containers for recyclable
materials may include any container or bag that does not exceed 30
gallons in capacity or 50 pounds in weight when full or a uniform
container that has been provided by the Village or the contractor.
(b)
Containers. Glass, metal cans, and plastic containers
separated and placed curbside shall be in a manner facilitating the
collector/hauler's collection of these materials enabling ready identification
of the various materials.
(c)
Newspaper, magazines and corrugated cardboard.
Newspaper and magazines shall be placed in paper bags. Corrugated
cardboard shall be flattened and securely tied in bundles or placed
in suitable containers facilitating handling and collection.
(d)
Other items. The Village shall arrange for the
recycling of the following and provide a reasonable schedule of fees
for this service: lead acid batteries, major appliances, tires, used
oil and bulky waste. The above will be collected in a method to be
decided by the Village Board. Dates for these special collections
will be set by the Village Board and notices will be placed in the
local paper.
(5)
Requirements for multifamily dwellings. Owners of
multifamily dwellings shall provide adequate containers for handling
and collection of recyclables enabling tenants to ensure separation
of recyclables and ensuring that recyclables meet preparation standards.
The following shall be acceptable means of providing containers: first,
providing one container for each dwelling unit; second, providing
a series of containers for the complex or subunits thereof with unique
containers for each type of recyclable to be shared in common by occupants
of the multifamily dwelling, not including provisions for major appliances
or used oil, with sufficient, separate containers to achieve good
faith separation of recyclables based upon the size of the multifamily
dwelling, and handling, transportation and processing requirements
for the collector/hauler. Containers shall be clearly designated and
marked as to the recyclables contained therein, and containers shall
be maintained in a clean, safe and watertight condition. Owners of
multifamily dwellings shall exercise good faith to assure that residents
and occupants comply with recycling requirements of this section.
Owners of multifamily dwellings shall notify tenants at the time of
renting or leasing the dwelling and semiannually thereafter of the
recycling program provided in this section.
(6)
Requirements at commercial, retail, industrial, institutional
and governmental facilities. The owners of commercial, retail, industrial,
institutional and governmental facilities shall provide adequate,
marked containers for separate handling and collection of recyclable
materials, excluding used oil, tires, major appliances and bulky waste.
All owners shall exercise good faith to maintain sufficient, well-kept
containers to meet their generators' requirements for recycling purposes.
Adequacy and the number of separate, marked containers shall be based
upon the size of the facility. All owners shall exercise good faith
to meet preparation standards for recyclables, providing suitable
containers for that purpose. Owners shall regularly, periodically
notify all users and occupants of the facilities of the recycling
program provided in this section.
G.
Prohibited practices in the collection and handling
of recyclables. No person, persons or other entity generating waste
within the Village shall do any of the following:
(1)
Mix or permit intermixing of recyclable and nonrecyclable
materials intended for collection by a collector/hauler or intended
to be processed at a material recycling facility unless good faith
to recycle is shown.
(2)
Deposit or cause to be deposited any recyclable material
at any authorized collection point when the site is closed or not
operating.
(3)
Deposit or cause to be deposited any recyclable material
in or upon any public street, public waters, or public grounds in
the municipality except at authorized locations within appropriate
packaging or placed into appropriate containers during specifically
authorized collection periods.
(4)
Deposit or cause to be deposited any recyclable material
in any container not specifically intended for the collection of that
type or group of recyclable material.
(5)
Deposit or cause to be deposited any nonrecyclable
material in any container specifically intended for the collection
or deposit of recyclable material.
(6)
Prohibited practices. No person shall deposit any material at the
Village compost and brush recycling site under any of the following
circumstances: 1) the depositor is associated with a commercial enterprise;
or 2) the depositor is not a Village resident; or 3) the material
was not generated within the Village limits. Composting of yard waste
on private property is permitted where no nuisance occurs.
[Added 5-12-2020 by Ord.
No. 2020-6]
H.
Anti-scavenging provision. Persons shall not pilfer
recyclables or disturb recyclables once those materials are placed
for collection. All recyclable materials placed for collection pursuant
to this section shall thereupon become the property of the Village,
or the Village's authorized agent, or a private collector/hauler whom
persons in the municipality have contracted to perform functions pursuant
to the recycling plan provided in this section. Only persons authorized
by the municipality or the generator of waste shall collect or handle
recyclable materials once those materials have been placed appropriately
for collection. Any and each collection by unauthorized persons in
violation of this provision shall constitute a separate and distinct
offense punishable as provided hereinafter.
I.
Violations and penalties. Any person who violates
any provisions of the section or any regulations promulgated pursuant
to this section shall forfeit upon conviction thereof not less than
$50 nor more than $200 for each separate violation hereunder, provided
that the range of forfeiture for the third and any subsequent violation
of this section or regulations promulgated pursuant thereto within
a twelve-month period shall be not less than $100 nor more than $500
for each separate violation. Each incident of violation shall be a
separate offense and each day or part thereof during which a violation
occurs or continues shall be deemed a separate offense.
J.
Promulgation of regulations. The Village Board shall
prepare regulations, standards and schedules as necessary to make
effective all provisions of this section. Periodically, upon a schedule
adopted by the Village, the Village Clerk-Treasurer shall prepare
notices and distribute other information to persons and entities generating
waste within the Village for the purpose of informing the public about
the requirements dictated by this section.
K.
Consistency. All ordinances of the Village or parts
of those ordinances construed to be inconsistent with this section
for the purpose of achieving an effective recycling program in the
municipality shall be hereby repealed as to such inconsistency only
for the limited purpose of making effective all provisions in this
section.
