[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.]
This chapter shall be referred to as the "Solid Waste and Recycling
Ordinance for the Village of Randolph."
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.
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.
[Amended 7-2-2018 by Ord.
No. 420]
(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)
The
wood dropoff site provided by the Village shall be used for brush
and woody vegetation only. The dumping of scrap wood, building materials,
landscaping material, bags, garbage, or refuse of any kind in this
area, or the failure to follow any posted dropoff site guidelines
or instructions, shall be unlawful.
(3)
The
compost dropoff site provided by the Village shall be used for garden
waste, grass clippings, weeds and leaves. The dumping of wood products
or brush, bags, garbage, or refuse of any other kind in this area,
or the failure to follow any posted dropoff site guidelines or instructions,
shall be unlawful.
(4)
No
person shall bring garbage, recyclables, brush, yard waste, or refuse
of any kind from outside the Village limits unless authorized by agreement
by the Village of Randolph.
(5)
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.
For purposes of this chapter, the following definitions are
utilized:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paper board 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 polystyrene, labeled by the SPI Code No. 2.
Low-density polystyrene, 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, oven, refrigerator,
stove, furnaces, boilers, dehumidifiers and water heaters.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper or 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 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.
Plastic resins, labeled by SPI Code No. 7.
Any individual, corporation, partnership, association, local
government 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 ordinarily 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 wastes, 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.
The meaning specified in § 289.01(33), Wis. Stats.
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.
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.
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.
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.
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)
(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.
(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]
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]
(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.
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]
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.
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.
