Village of Dane, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Dane as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 379.
Property maintenance — See Ch. 408.
Abandoned vehicles — See Ch. 491.
[Adopted 4-1-1996 as Sec. 8-1-10 and Title 8, Ch. 3, of the 1996 Code]

§ 449-1 Findings.

The Village Board finds participation in a mandatory source-separation recycling program appropriate in this jurisdiction to conserve available local landfill capacity. The Village further finds it appropriate to participate in both county-wide and statewide recycling programs to conserve energy, recycle valuable resources and to protect public health, welfare and the environment. The municipality 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 and the county material recycling facility.

§ 449-2 Definitions.

The following words are defined in this article as follows:
COLLECTOR/HAULER
The contractor or entity chosen by the Village Board to handle, transport and dispose of 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.
CORRUGATED CARDBOARD
Heavy-duty Kraft paper packaging material with a corrugated medium between two flat paper liners and does not include paperboard such as for cereal or laundry detergent boxes or holders for six packs or 12 packs of beverage cans or bottles.
GARBAGE
Discarded materials resulting from the handling, processing, storage and consumption of food.
GLASS
Glass bottles, jars and containers, and does not include window glass, drinking glasses, pyrex, light bulbs or other noncontainer glass.
GOOD FAITH
Reasonable efforts to adhere to the policies, standards and rules of this mandatory source-separation recycling program.
HAZARDOUS WASTE or HAZARDOUS SUBSTANCE
Those wastes or substances defined thusly in § NR 661.03, Wis. Adm. Code (including all amendments provided thereto), as provided therein pursuant to § 291.05, Wis. Stats., or other acts pursuant to authority vested in the Wisconsin Department of Natural Resources to describe and list materials thusly and also includes in the meaning of "hazardous waste" or "hazardous substance" as described supra those solid wastes or substances found in household waste [notwithstanding the household waste exclusion provided in § NR 661.04(2)(a), Wis. Adm. Code].
LEAD ACID BATTERIES
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.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, oven, refrigerator, stove, water heater, furnace, boiler, dehumidifier, microwave oven (with capacitor removed), or any other item commonly referred to as a "white good."
METAL CANS
Tin-coated steel cans, bimetal cans, and aluminum cans used for food and other nonhazardous materials, but excluding aerosol cans and cans that held paint, paint-related products, pesticides or other toxic or hazardous substances.
MULTIFAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
MUNICIPALITY
The Village of Dane in Dane County, Wisconsin.[1]
NEWSPAPERS
Matter printed on newsprint, including daily or weekly publications and advertising materials (including glossy inserts), but excludes magazines, catalogs or similar materials.
NONRECYCLABLE MATERIAL
All items of waste not recyclable, except hazardous waste or hazardous substances.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multifamily dwellings.[2]
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.
OTHER PAPER
All paper, excluding newsprint materials or materials specifically excepted in the definitions of "newspapers" and "corrugated cardboard," but shall include grades of fiber materials with available markets for recycling.
OVERSIZE AND BULKY WASTE
Large items such as furniture, mattresses, carpeting, construction or demolition materials of substantial dimensions, brush and other large items whose proportions are not easily reduced.
PERSON
Any individual, corporation, organization, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PLASTIC CONTAINER
A blow-molded plastic bottle made of high-density polyethylene (HDPE) or a plastic bottle or jar made of polyethylene terephthalate (PET), but does not include HDPE containers that are not blow-molded. Plastic containers as defined in this section do not include containers for yogurt, cottage cheese, butter, margarine, ice cream and similar products.
PREPARATION STANDARDS
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.
RECYCLABLE MATERIALS
Identified materials meeting preparation standards and shall include the following: newspapers; corrugated cardboard; magazines; foam polystyrene packaging; rigid plastic containers made of PVC, LDPE, PP, PS, and other resins or multiple resins; yard waste; office paper; brown, green and clear container glass; aluminum, bimetal and tin-coated steel cans; blow-molded HDPE and PET plastic containers; tires; used oil; lead acid batteries; and large appliances. "Recyclable materials" further means identified materials meeting preparation standards where economical markets or short-term storage is available and shall include the following: other paper; polystyrene foam; PVC containers; polypropylene containers; HDPE and PET containers other than bottles; types of plastic containers labeled "other"; and other materials determined to have economical markets available.
RECYCLABLE PLASTIC
Generally means high-density polyethylene (HDPE, labeled by Code No. 2) and polyethylene terephthalate (PETE, labeled by Code No. 1) 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.
REFUSE
Combustible and noncombustible materials, including but not limited to paper products, wood, metal, glass, cloth and products thereof in unrecoverable condition; litter and street rubbish not including yard waste; uncontaminated ashes and building materials such as wood, concrete, glass, plaster and other intermixed materials produced in construction or demolition of structures. "Refuse," for purposes of this article, shall not include oversize and bulky waste.
SOLID WASTE
Garbage, refuse and all other discarded or salvageable solid materials, including solid waste 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.
SOLID WASTE STORAGE
Safe, environmentally sound short-term containment of materials and, for recyclables, shall involve preserving materials in a condition meeting preparation standards.
TIRES
For collection purposes, tires from automobiles and light truck tires and other tires whose size is less than 1,100 x 24.5.
USED OIL
Any contaminated petroleum-derived or synthetic oil, including but not limited to the following: engine and other mechanical lubricants; hydraulic and transmission fluid; metalworking fluid; and insulating fluid or coolant.
YARD WASTE
Leaves, grass clippings, and yard and garden debris, including clean woody vegetative material no greater than six inches in diameter and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 449-3 Applicability.

This article shall apply to all persons, entities and appropriate waste-generating activities within the corporate limits of the Village of Dane.

§ 449-4 Construal of provisions; conflicts.

The provisions of this article 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 article creates a comprehensive, mandatory source-separation recycling program in our community, where any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretations consistent with state and county law shall control.

§ 449-5 Preparation standards.

A. 
Preparation requirements. Acceptable recyclable materials shall be prepared in accordance with the following standards for collection purposes pursuant to this article:
(1) 
Newsprint. Newsprint shall be dry, free of paper not normally included in the newspaper and not sunburnt;
(2) 
Cardboard. Corrugated cardboard shall be flattened, empty and free of food debris and other contaminating material;
(3) 
Glass containers. Glass containers shall be empty, clean, and free of metal caps, rings and other contaminants such as window glass, drinking glasses, ceramics and similar material;
(4) 
Metal cans. Metal cans shall be empty, with ends removed and flattened where possible, and clean with labels removed if possible;
(5) 
Plastic containers. Plastic containers shall not be tied together and shall be empty, clean, reasonably flattened and have caps removed;
(6) 
Batteries. Lead acid batteries shall have all caps firmly attached and be free from leaks;
(7) 
Tires. Tires shall include automobile and light truck tires and other tires less than a size of 1100 by 24.5 and be removed from rims.
B. 
Additional preparation standards. Furthermore, additional preparation standards may be provided by notice to generators of waste and collectors/haulers or by amendment to this section when other materials become recyclable dependent upon available economic markets.

§ 449-6 Collection; mandatory source separation.

The following provisions shall apply to all nonhazardous solid waste generated within the municipality:
A. 
Nonrecyclable material.
(1) 
Nonrecyclable materials, including garbage, shall be placed curbside for collection by the collector/hauler at a time designated by the municipality. Unless dumpsters or other bins are available, these materials shall not be placed in containers or bags exceeding 30 gallons in capacity or 50 pounds in weight and must be securely closed. Reasonable alternative accommodations that are safe and unobtrusive may be made for disposal of refuse.
(2) 
Any bag or container which contains any recyclable material may be refused by the collector/hauler unless the generator shows good faith for recycling. The Village shall not provide services or make any special arrangements for collection of construction or demolition materials as items defined under "oversize and bulky waste." This would be the responsibility of the party generating that type of waste.
B. 
Grass, leaves and brush. Grass, leaves and brush shall not be collected with the intent of disposal at Dane County sanitary landfills. The municipality shall make suitable arrangements for collection, transportation and disposal of yard waste. Composting of yard waste on private property is permitted where no nuisance to others occurs.
C. 
Separation of recyclables required.
(1) 
All recyclable materials shall be separated from other solid waste. 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) 
Occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste, unless such recyclable material has a variance granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code:[1]
(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) 
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Requirements for occupants of single-family and two- to four-unit residences. All single-family and two- to four-unit residences will be provided with a cart for refuse and a cart for recycling. If a resident wishes, they may contact the refuse and recycling vendor for an additional cart at the property owner's expense. Carts shall be placed behind the curb.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Requirements for multifamily dwellings. Owners of multifamily dwellings shall provide adequate containers for handling and collection of recyclable materials, enabling tenants to ensure separation of recyclables and ensuring that recyclables meet preparation standards. The following shall be acceptable means of providing containers: 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 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 article. Owners of multifamily dwellings shall notify tenants at the time of renting or leasing the dwelling and semiannually thereafter of the recycling programs provided in this subsection.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Requirements for nonresidential facilities and properties. 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 and major appliances. 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 of larger facilities shall provide separate containers for each type of recyclable material collected, ensuring sufficient containers to meet all occupants' needs and shall exercise good faith to assure that occupants comply with recycling requirements of this article. Owners shall regularly, periodically notify all users and occupants of the facilities of the recycling programs provided in this subsection. Additionally, owners of facilities shall provide for the collection of recyclable materials separated from solid waste by the users and occupants of the facility and delivery of the aforementioned recyclables to a material recycling facility.
G. 
Prohibited practices in collection and handling of recyclables.
(1) 
No person, persons or other entity generating waste within the municipality shall do any of the following:
(a) 
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.
(b) 
Deposit or cause to be deposited any recyclable material at any authorized collection point when the site is closed or not operating.
(c) 
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, if any are provided.
(d) 
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.
(e) 
Deposit or cause to be deposited any nonrecyclable material in any container specifically intended for the collection or deposit of recyclable material.[4]
[4]
Editor's Note: Original Sec. 8-3-6(g)(2), pertaining to motor oil, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Shingles and materials are the responsibility of the property owner. Contractors are available for this removal.
(3) 
Items not currently recyclable:
(a) 
Ceramics.
(b) 
Window glass.
(c) 
Light bulbs.
(d) 
Dishes.
(e) 
Styrofoam.
(f) 
Aerosol cans.
(g) 
Wax paper.
(h) 
Magazines.
(i) 
Carbon paper.
(j) 
Disposable diapers.
(k) 
Plastic film.
(l) 
Paint cans.
(4) 
All materials shall be properly placed for collection in a manner that will not allow such materials to be blown by the wind.
H. 
Construction debris. The Village shall not provide services or make any special arrangements for the collection of bulky waste, such as construction debris, requiring the use of a dumpster.

§ 449-7 Collection by unauthorized persons.

Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection. All recyclable materials placed for collection pursuant to this article shall thereupon become the property of the municipality, or the Village's authorized agent, or a private collector/hauler whom persons in the Village have contracted to perform functions pursuant to the recycling plan provided in this article. Only persons authorized by the Village 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 section shall constitute a separate and distinct offense, punishable as provided hereinafter.

§ 449-8 Promulgation of regulations.

The Village Board shall prepare regulations, standards and schedules as necessary to make effective all provisions of this article. Annually, upon a schedule adopted by the Village, the Village Board 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 article.

§ 449-9 Inspections; citations.

A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Village of Dane may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multifamily 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 Dane who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Village law enforcement officers are authorized to issue citations for violation of any provision of this article.

§ 449-10 Landfill and recyclable sites.

[Added 6-2-2003]
A. 
The Village of Dane landfill and recyclable sites shall be designated for Village of Dane residents only.
B. 
No person, firm or corporation shall dump or deposit in or on any public lands within the Village limits of the Village of Dane any rubbish, refuse, garbage, recyclables, earth, sand, gravel, stone or other materials without permission of the Director of Public Works.
C. 
No person, firm, or corporation shall put rubbish, refuse, garbage, or recyclables on any Village street more than 24 hours before Village pickup day. Any rubbish, refuse, garbage, or recyclables put out more than 24 hours before pickup day may be subject to an early hauling fee. The fee will be assessed based on the number of items.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Any person, firm, or corporation who or which shall violate any provision of this section shall be subject to a fine not exceeding $500 for each offense.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 449-11 Composting.

A. 
Purpose. The purpose of this section is to promote the recycling of yard wastes and certain kitchen wastes through composting and to establish minimum standards for proper compost maintenance.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMPOST
The organic waste produced from the growing, trimming, and removal of grass, branches (not exceeding one inch in diameter), bushes, shrubs, plants, leaves and garden debris.
KITCHEN WASTE
Any uncooked plant matter not contaminated by or containing meat, fish and/or dairy products.
C. 
Maintenance. All compost piles shall be maintained using approved composting procedures to comply with the following requirements:
(1) 
All compost piles shall be enclosed in a freestanding compost bin. Each compost bin shall be no larger in volume than 125 cubic feet and shall be no taller than 42 inches.
(2) 
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the Village to proceed under § 379-6, Rodent control, of this Code.
(3) 
All compost bins shall be so maintained as to prevent unpleasant odors.
(4) 
No compost bin shall be allowed to deteriorate to such condition as to be a blighting influence on the surrounding property or neighborhood or the Village in general.
(5) 
Location.
(a) 
All compost bins shall be located not less than three feet from a property line or principal building or dwelling and three feet from any detached accessory building.
(b) 
A variance from these setback requirements may be applied for if the property owner(s) can show a hardship exists which prohibits compliance. In addition, any variance application must include a signed written approval of the variance request from the adjacent property owner(s). Variances can be granted by the Building Inspector on an annual basis upon the proper application being submitted by the property owner(s). Screening and/or fencing of compost bins may be required as a condition of a variance being granted.
(6) 
No compost bin shall be located in any yard except a rear yard, as defined in Chapter 520, Zoning. A compost bin may be located in a side yard, as defined in Chapter 520, Zoning, subject to the annual variance procedure contained in Subsection C(5)(b), and must be screened from view to the street.
(7) 
Those composting bins which existed prior to the adoption of this section shall be given one year to comply with the requirements set forth herein.
D. 
Ingredients.
(1) 
No compost bin shall contain any of the following:
(a) 
Lakeweeds;
(b) 
Cooked food scraps of any kind or type;
(c) 
Fish, meat or other animal products;
(d) 
Manures;
(e) 
Large items that will impede the composting process.
(2) 
Permitted ingredients in a compost bin shall include the following:
(a) 
Yard waste;
(b) 
Coffee grounds and used tea leaves;
(c) 
Uncooked plant matter not contaminated by or containing meat, fish, and/or dairy products;
(d) 
Commercial compost additives.
E. 
Owner responsibility. Every owner or operator shall be responsible for maintaining all property under his or her control in accordance with the requirements of this section.