[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as Title 8, Ch. 3, of the 1998 Code. Amendments noted where applicable.]
A.
The Village shall have direct supervision and control of the management
of all solid waste. In order to reduce the amount of solid waste,
the Village will direct and maintain a program to provide alternatives
to landfill and incineration without energy recovery. The aim of such
a program will be to:
B.
This chapter shall govern the waste disposal of all residents and property owners within the Village. Commercial, industrial and multifamily dwellings of five or more units shall follow the guidelines in § 398-6.
C.
Each residence shall separate from the solid waste to be collected
all recyclable materials accepted under the Village's recycling
program and any such materials as the Village may require, including,
but not limited to:
Residents shall, after separating the items from other solid
waste, make the recyclable materials available for collection in the
following manner:
C.
Additional items not allowed in recycling cart:
(1)
Hazardous material, such as toxic, radioactive, and pathogenic substances
which require special handling to avoid illness, injury to persons
or damage to property and environment.
(2)
Local clean sweep programs offer alternatives for fluorescent lights
bulbs, household hazardous waste, pharmaceuticals and electronics.
(3)
Industrial waste: a waste material directly or indirectly resulting
from an industrial processing or manufacturing operation.
(4)
Local clean sweep programs.
The Village shall operate the recycling program so that residents
have reasonable access to the program and as cost-efficient as possible.
Whenever possible, local markets and services are to be utilized.[1]
The Village may, by action of the Village Board, provide for
the collection of bulky items or materials not normally collected.
The Village shall issue a list of what materials will be accepted
and the time and date of the collection. The Village may also provide
for a regular collection of yard waste or brush by issuing the schedule
and requirements of such a collection.
The collection, handling and transportation of hazardous waste
shall only be done by a licensed hazardous waste collector or treatment
facility. The Village may provide such a collection so far as it follows
the regulations and guidelines set forth in Ch. 291, Wis. Stats.
A.
Multifamily dwellings.
(1)
As per § 287.07, Wis. Stats., owners of buildings containing
five or more dwelling units shall provide for the collection and proper
treatment of solid waste through a solid waste collector licensed
by the Village. Such solid waste collection shall require the proper
handling and disposal of recyclable materials as provided in § 287.11(2)(c),
Wis. Stats.
(2)
If such collection does not take place which will separate and treat
postconsumer waste as set forth in § 287.07, Wis. Stats.,
the owner shall:
(a)
Provide adequate, separate containers for recyclable materials.
(b)
Notify the tenants at the time of renting or leasing, and semiannually
thereafter, of the programs in this section.
(c)
Provide for the collection of recyclable materials separated
from solid waste by the tenants and the delivery of the recyclable
materials to a recycling facility.
(3)
All owners of dwellings of five or more units must be able to provide
proof of compliance with this section upon request of the Village
Board or its designee.
B.
Commercial and industrial sites.
(1)
Per § 287.07, Wis. Stats., all commercial and industrial
sites within the Village shall provide for the collection and proper
treatment of solid waste through a solid waste collector licensed
by the Village. Such solid waste collection shall require the proper
handling and disposal of recyclable materials as provided in § 287.11(2)(d),
Wis. Stats.
(2)
If such collection does not take place which will separate and treat
postconsumer waste as set forth in § 287.07, Wis. Stats.,
the owner shall:
(a)
Provide adequate, separate containers for recyclable materials.
(b)
Regularly notify all users and occupants of the facility of
the programs in this section.
(c)
Provide for the collection of recyclable materials separated
from solid waste by all users and occupants of the facility and the
delivery of the recyclable materials to a recycling facility.
(3)
All owners of commercial or industrial sites must be able to provide
proof of compliance with this section upon request of the Village
Board or its designee.
A.
To maintain an effective program for recycling, reduce waste and
properly handle all solid waste, the Village retains the right to
inspect all materials placed in the program. The Village assumes no
unconditional duty to accept any material unless the guidelines of
the programs in this chapter or other ordinances and Ch. 287, Wis.
Stats., are met. To ensure proper treatment of the materials, the
following measures may be used from time to time, either for at-random
inspections or actions stemming from complaints.
B.
The Village and its authorized agents may refuse to pick up solid
waste (garbage) if it appears that no effort was made to separate
recyclable materials from solid waste or if an attempt to conceal
the recyclables appears to have taken place.
C.
Any recycling material delivered to the recycling center must meet
the guidelines of the center. Such materials shall be properly prepared
and cleaned, if necessary, before being accepted into the recycling
program. Improperly prepared materials or those not clearly marked
as eligible shall be rejected. The operator also has the prerogative
to refuse all materials stored with rejected materials.
D.
Written warnings may be given to those who fail either to separate
recyclables from their solid waste or to properly prepare such items
for the recycling center.
A.
Generally. Because the Village must have direct control or supervision
of the solid waste in the Village, the license allows the Village
to uphold standards without granting exclusive contracts to collectors.
While any resident or business is free to individually contract for
such services, the collection must follow the standards for the Village
as contained in Ch. 287, Wis. Stats.
B.
Terms and conditions of license. All collectors shall be licensed
by a majority vote of the Village Board before they may commence any
activity or accept any contract for services. The Village reserves
the right to deny or revoke any license on the grounds of gross or
contained violation of the standards prescribed below. The license
for each collector shall be valid for the calendar year. Each collector
must resubmit its application in order for the license to be renewed.
C.
Standards for solid waste collector's license.
(1)
Application. The application shall consist of the following:
(a)
The name of the collector.
(b)
The period for which the license is applied for.
(c)
A list of those who are to receive service, unless the collector
is operating under a direct contract with the Village.
(d)
Verification that the collector will adhere to the standards
of solid waste collection listed below.
(2)
Standards of solid waste collection. Each collector will operate
its service in such a way that:
(a)
Recycled materials which are separated will not be landfilled
or incinerated without energy recovery.
(b)
Material is collected and transported in a way that does not
endanger the residents and prevents against litter.
(c)
Hazardous waste will not be handled, treated, or transported
without a valid hazardous waste license from the State of Wisconsin
and under the guidelines of Ch. 291, Wis. Stats.
A.
DRY REFUSE
GARBAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes nonrecyclable tin cans and other discarded metalware,
paper, rags, glass, crockery, rubber, leather, wood, flowers, earth,
ashes, cinders, rubbish, waste material and waste building materials.
Nonrecyclable animal or vegetable refuse from the storage,
vending, sale, preparation or use of foodstuffs, such as meat, fish,
fowl, fruit or vegetables, and includes such paper as may be used
in the wrapping thereof.
B.
Containers.
(1)
All residences, hotels, restaurants, boardinghouses or other places
where garbage is accumulated shall provide approved containers, watertight
and flytight and provided with close-fitting covers. All garbage intended
for collection shall be kept in containers that shall not exceed 35
gallons in capacity.
(2)
Containers for the storage of any yard waste or residential waste
shall accommodate the waste material contained therein without causing
litter and shall be provided with covers, if necessary, to prevent
the blowing of wastepaper and shall be small enough to be easily emptied.
C.
Accumulation and removal. No person shall allow garbage or other
refuse materials to accumulate on his/her private property, permitting
the breeding of flies or mosquitoes, causing a nuisance from obnoxious
odors, or constituting other health or fire hazards. Garbage shall
be removed by the Village from private property at least once a week,
no two consecutive collections to be more than 10 days apart. Collection
shall be as often as necessary to maintain in a sanitary manner the
business district, hotels, restaurants, boardinghouses and such other
places as produce or accumulate garbage in large quantities. All containers
must be placed at the curb by 8:00 a.m.
D.
Disposal. No garbage or other refuse materials shall be dropped,
dumped, thrown or deposited by any person upon any highway, alley,
lot, common, banks or streams or other bodies of water within the
Village with the following exceptions:
(1)
Garbage may be fed to domestic animals and fowls, provided that such
feeding places shall at all times be maintained in a sanitary condition,
and where keeping such domestic animals or fowls is not prohibited
by law.
E.
Burying and burning. No garbage shall be buried in the ground, deposited
in any privy vault or cesspool, or burned in the open air or in an
outdoor furnace. The burning of garbage in an inside furnace or stove
is permitted.
F.
Interference. No person, other than an authorized collector, shall
collect or interfere with any garbage after it has 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.
G.
Conveyances. All vehicles used by collectors of garbage shall be
of substantial construction, and the bodies, or other garbage containers,
shall be watertight and provided with covers which shall be closed
at all times except when garbage is being loaded or unloaded.
A.
Trash pickup. It is unlawful for any person in a noncommercially
zoned area (R-1 Single-Family Residential, R-2 One- and Two-Family
Residential and R-3 Multiple-Family Residential under five units)
to whom trash pickup is available to use a dumpster unless a permit
is obtained before use. Dumpsters are allowed by permit for apartment
buildings with five or more units but the dumpster must be enclosed
on all sides by a solid fence. No dumpster is allowed on any part
of a public street from November 1 to April 1 unless permission is
granted by the Director of Public Works.
B.
Streets. It shall be unlawful to place any dumpster on any part of
a public street or Village right-of-way in the Village without first
obtaining a permit for such placement from the Village Clerk. Fees
for the permit will be determined by the Village Board. Placement
of the dumpster will need approval by the Director of Public Works.
Permits shall be issued in the name of the property owners of the
property where the dumpster is to be used. Permits shall be conditioned
upon compliance by the permittee with such safety precautions and
other conditions as shall be set forth in the permit. Failure to comply
with the terms of the permit or failure to remove the dumpster upon
expiration of the permit shall be grounds for the Village to remove
the dumpster from the public street and charge the permittee the reasonable
costs of such removal, as well as any storage costs. The permit issued
under this section shall not exceed 30 days. A thirty-day renewal
can be issued for a renewal fee as set by the Village Board.
C.
Construction/remodeling. The use of a dumpster for the purpose of
disposing of waste created during the construction/remodeling process
shall not be allowed on private property unless a proper construction/remodeling
dumpster permit is obtained. This permit shall be valid as long as
the building permit obtained for the construction/remodeling is valid.
If the Building Inspector determines that the project is substantially
finished, the permit may be terminated.
D.
Trash dumpsters and garbage receptacles (trash and garbage storage).
The following requirements shall be met for trash dumpsters and garbage
receptacles:
(1)
Centralized location(s) of trash dumpsters and garbage receptacles
required. All multiple-family residential buildings and uses, except
for four units and under, shall provide facilities for the central
and accessible storage of solid waste within the parcel or lot. The
location of said facilities shall be approved by the Village Department
of Public Works or Police Department. The location must be no less
than 50 feet from a public street or sidewalk.
(2)
Trash dumpster and garbage receptacle enclosures required for multiunits
of five or more. All garbage cans, trash dumpsters, trash containers,
and other storage devices situated on any property shall be closed
containers with lids and shall be concealed or suitably screened from
public view. Sightproof fencing (wood, masonry or composite) shall
be used to totally obstruct vision into the storage areas.
(3)
Trash dumpster and garbage receptacle maintenance required. Dumpster
lids shall be closed at all times. Fencing and landscaping for storage
areas shall be maintained in good condition and kept litter free.
All garbage cans, trash containers, and other garbage storage devices
shall be emptied and the contents thereof properly disposed of not
less than once every seven days. It is the responsibility of the property
owner or garbage contractor to keep dumpsters free from offensive
odors that linger after the container is emptied.
(4)
Unenclosed storage of trash or waste prohibited. No portion of the
lot shall be used for open or unenclosed storage of trash or waste
of any kind.
(5)
Adequate size to accommodate recycling materials. All trash dumpster
and garbage receptacle areas shall be of an adequate size to accommodate
the storage of materials to be recycled.
(6)
Building permit required for the construction of garbage, trash,
waste and dumpster enclosures. A building permit shall be required
for the construction of any garbage, trash, waste, or dumpster enclosure.
