Village of Randolph, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Randolph 10-7-1998 by Ord. No. 351 as Title 8, Ch. 3, of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 209.
Pollution — See Ch. 267.
Property maintenance — See Ch. 278.

§ 307-1 Title.

This chapter shall be referred to as the "Solid Waste and Recycling Ordinance for the Village of Randolph."

§ 307-2 Purpose; statutory authority; construal of provisions.

A. 
Purpose. The purpose of this chapter 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.
B. 
Statutory authority. This chapter is adopted and authorized under § 287.09(3)(b), Wis. Stats.
C. 
Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
D. 
Interpretation. In its interpretation and application, the provisions of this chapter shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive requirements or interpretations shall apply. Where a provision of this chapter is required by the Wisconsin Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where the chapter provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code, standards in effect on the date of the most recent text amendment to the chapter.

§ 307-3 Applicability; administration; purchasing policy; unlawful acts.

A. 
Applicability. The requirements of this chapter shall apply to all persons within the Village of Randolph.
B. 
Administration. The provisions of this chapter shall be administered by the Village Board and its Streets, Storm Sewer and Solid Waste Disposal Committee.
C. 
Local government purchasing. The Village of Randolph shall, to the extent practicable, make purchasing decisions to maximize the purchasing of products made from recycled and recovered materials. The Village of Randolph shall, to the extent practicable, award contracts for equipment and supplies on the basis of recyclability and ultimate disposition of products to discourage the purchase of single-use disposable products and require purchase of multiple-use, durable products.
D. 
Unauthorized garbage.
(1) 
No person shall dispose of or dump garbage or recyclables in any ditch, street, road or public place within the Village of Randolph or in any receptacles or private property without the owner's consent.
(2) 
No person shall bring refuse for disposal (and recyclables) from outside the Village limits unless authorized by agreement by the Village of Randolph.
(3) 
It shall be unlawful to burn or bury solid waste or recyclables by residential and nonresidential sectors and at construction sites, the only exception being an allowance for open burning, which shall be permitted only of clean brush, leaves or branches less than four inches in diameter.

§ 307-4 Definitions.

For purposes of this chapter, the following definitions are utilized:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paper board 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; or
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High-density polystyrene, labeled by the SPI Code No. 2.
LDPE
Low-density polystyrene, labeled by the SPI Code No. 4.
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, oven, refrigerator, stove, furnaces, boilers, dehumidifiers and water heaters.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPERS
A newspaper or other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices and 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 processed waste.
OTHER RESINS or MULTIPLE RESINS
Plastic resins, labeled by SPI Code No. 7.
PERSON
Any individual, corporation, partnership, association, local government 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 ordinarily used to contain a product that is the subject of a retail sale.
POST-CONSUMER 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 wastes, 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 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.
SOLID WASTE
The meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
The meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste.
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 six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.

§ 307-5 Separation of recyclable materials.

A. 
Separation of recyclable materials. Occupants of single-family and two- to four-family residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:
(1) 
Lead acid batteries.
(2) 
Major appliances.
(3) 
Waste oil.
(4) 
Yard waste.
(5) 
Aluminum containers.
(6) 
Bimetal containers.
(7) 
Corrugated paper or other container board.
(8) 
Foam polystyrene packaging.
(9) 
Glass containers.
(10) 
Magazines.
(11) 
Newspapers.
(12) 
Office paper.
(13) 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins.
(14) 
Steel containers.
(15) 
Waste tires.
B. 
Separation requirements exempted. The separation requirements of Subsection A above do not apply to the following:
(1) 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection A(5) through (15) from solid waste in as pure a form as is technically feasible.
(2) 
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.
(3) 
Recyclable materials specified in Subsection A(5) through (15) for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
C. 
Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection A above shall be free and kept free of contaminants such as food or product residue, oil, grease or other recyclable 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 or other inclement weather conditions.
D. 
Nondisposable materials. No person shall place for disposal any of the following waste: hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, trees and stumps (except Christmas trees), construction debris, carcasses, or medical waste (unless personal needles, which shall be contained in cardboard to eliminate injury to collection personnel).
E. 
Special materials. Residents shall contact the hauler when they have couches, bulky items and construction materials from household remodeling or repair, and arrangements for collection shall be made between the resident and the hauler.

§ 307-6 Preparation, collection and management of recyclable materials.

A. 
Management of lead acid batteries, major appliances, waste oil, waste tires and yard waste. 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, waste tires and yard waste as follows:
(1) 
Lead acid batteries shall be returned to the retailer who sold the replacement battery.
(2) 
Major appliances shall be traded in to the appliance dealer, or contact the Village for proper disposal options.[1], [2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Original § 8-3-6(a)(3), pertaining to waste oil, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Yard waste shall be composted on site, or leaves and grass clippings can be composted at an approved central location by the Village at the Street Department Garage located on West Stroud Street in the Village.
B. 
Preparation and collection of recyclable materials. Except as otherwise directed by the Village Board, 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 § 307-5A(5) through (15); recyclable material should be dropped off at designated areas or curbside.
(1) 
Aluminum containers shall be cleaned and/or rinsed and drained of all liquids. Put into the proper container provided at a dropoff site or curbside as required by local regulations.
(2) 
Bimetal containers shall be cleaned and/or rinsed and drained of all liquids. Put into the proper container provided at a dropoff site or curbside as required by local regulations.
(3) 
Corrugated paper or other container board shall be flattened; remove any wax or plastic liners. Put into the proper container provided for cardboard at a dropoff site or curbside as required by local regulations.
(4) 
Foam polystyrene packaging shall be put into the proper container provided for plastic at a dropoff site or curbside as required by local regulations.
(5) 
Glass containers shall be clear, brown, or green bottles and jars; separate by color; remove lids and caps and put in trash; labels can remain. Put into the proper container provided for glass at a dropoff site or curbside as required by local regulations.
(6) 
Magazines shall be clean and dry. Put into the proper container provided for paper at a dropoff site or curbside as required by local regulations.
(7) 
Newspaper consists of newspaper, noncorrugated cardboard and mixed paper; clean paper, no wax coating, carbon or tissue paper. Put into the proper container provided at a dropoff site or curbside as required by local regulations.
(8) 
Office paper shall be clean, no carbon or tissue paper. Put into the proper container provided at a dropoff site or curbside as required by local regulations.
(9) 
Rigid plastic containers shall be prepared and collected as follows:
(a) 
Plastic containers made of PETE, including soda and liquor bottles, etc., labeled with SPI Code No. 1, shall have caps removed and shall be rinsed and put into the proper container provided for plastic at a dropoff site or curbside as required by local regulations.
(b) 
Plastic containers made of HDPE, including milk jugs, laundry bottles, household bottles, labeled with SPI Code No. 2; no pesticide containers. Bottles shall have caps removed, be rinsed, put into the proper containers provided for plastic at the dropoff site or curbside as required by local regulations.
(c) 
Plastic containers made of PVC, LDPE, PP, PS and other resins and multiple resins, labeled with SPI Code No. 3, 4, 5, 6 or 7, shall have caps removed, be rinsed and be put into proper containers provided for plastic at the dropoff site or curbside as required by local regulations.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(10) 
Steel containers shall be rinsed, labels removed, and put into the proper containers provided at a dropoff site or curbside as required by local regulations.
(11) 
Waste tires shall be left with the retailer who sold the replacement tires.
(12) 
Furniture, mattresses, bedsprings and large junk items. Residents will be instructed to call the Village's current contractor (information for which is obtainable from the Clerk-Treasurer) direct and arrange for date and time for curbside pickup. There will be a fee to be paid direct to the contractor's driver before he/she loads.
C. 
Responsibilities of owners or agents of multifamily dwellings.
(1) 
Owners or designated agents of multifamily dwellings shall do all of the following to recycle the materials specified in § 307-5A(5) through (15):
(a) 
Provide adequate, separate containers for the recyclable materials.
(b) 
Notify in writing, at the time of renting or leasing, and at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
(c) 
Provide for collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the material to a recycling facility.
(d) 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare 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.
(2) 
The responsibility specified in this Subsection C does not apply to the owners or designated agents of multifamily dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling materials specified in § 307-5A(5) through (15) from solid waste in as pure a form as is technically feasible.
D. 
Prohibitions on disposal of recyclable materials separated for recycling. No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 307-5A(5) through (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.[4]
[4]
Editor's Note: Original § 8-3-6(e), Anti-scavenging of recyclables, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Specified contracts.
(1) 
Solid waste shall be placed for collection in containers as designated by the Village of Randolph, not to exceed 50 pounds per container or 35 gallons, and contained in a manner to avoid litter.
(2) 
Recyclables will be placed in the containers of a resident's choice. If there is a greater amount of recyclables than can be contained in the designated bin, those excess materials can be contained in clear plastic bags, marked cardboard boxes, opened containers, or any other appropriate container where waste can be determined, and placed on top or adjacent to the recycling container clearly separated from the garbage.
(3) 
All solid waste and recyclables shall be placed as herein required at the specified collection point no sooner than 24 hours prior to the regularly scheduled collection time and shall not be allowed to remain at the curb longer than 12 hours thereafter.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Except as otherwise specifically directed or authorized by the Village of Randolph, solid waste and recycling containers shall be placed at the curbline, adjacent to the premises owned or occupied by the person, of the street designated in the published collection schedule for collection. Materials shall be placed out for collection according to the schedule days established and published by the Village of Randolph.
F. 
Exemptions. The Village of Randolph reserves the right to designate additional solid waste materials 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 Village of Randolph. The Village Clerk-Treasurer shall provide written notice to its service recipients of this declaration through official publication.

§ 307-7 Hauler specifications.

A. 
Hauler licensing. No person or corporation shall engage in the business of hauling recyclables within the Village of Randolph without being licensed by the Department of Natural Resources under § NR 502.06, Wis. Adm. Code, and authorized by the Village Board.[1]
[1]
Editor's Note: Original § 8-3-7(b), Hauler restriction, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Right to reject materials. The hauler has the right to leave any recyclable material that is not prepared according to the specifications of § 307-6B. Materials may also be left if not separated from solid waste, placed in proper containers or are not designated recyclable materials for collection. The hauler also has the right to refuse to pick up any solid waste if it contains recyclable containers and materials. In such cases, the hauler shall notify the generator of the materials about the reasons for rejecting the items in writing. The hauler shall also keep a list of repeat offenders and provide it to the Village of Randolph on a quarterly basis.

§ 307-8 Enforcement.

A. 
Authorized inspection. For the purpose of ascertaining compliance with the provisions of this chapter, an authorized officer, employee or representative of the Village of Randolph may inspect materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas in 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 Randolph who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with an inspection.
B. 
Violation. Any person who violates a provision of this chapter may be issued a citation by the Village of Randolph to collect forfeitures. The issuance of citation shall not preclude proceedings under any other chapter or law relating to the same or any other matter. Proceeding under any other chapter or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.