[HISTORY: Adopted by the Village Board of the Village of Black Earth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1990 by Ord. No. 90-O-9
(§ 5.10 of the 1990 Code)]
A.
Findings and declaration of policy. The Village of Black
Earth finds that reusable materials are currently being needlessly landfilled.
In 1988, over 6,000,000 tons of solid waste were placed in Wisconsin landfills.
Dane County's available landfill space is rapidly disappearing. Mandatory
recycling encourages conservation and reuse of certain materials, saves landfill
space and prolongs the life of landfills. It is therefore declared to be the
purpose of this article to require mandatory recycling of recyclable items
and to protect and promote the health, safety and general welfare of the people
of the Village of Black Earth.
B.
Intent and purpose. The purpose of this article is to
promote the public health, safety, prosperity and general welfare of the citizens
of the Village of Black Earth, to reduce the amounts of recyclable items which
are currently placed in landfills and to preserve the environment.
C.
Abrogation and greater restrictions. It is not intended
by this article to repeal, abrogate, annul, impair or interfere with any existing
rules, regulations, ordinances or permits previously adopted or issued pursuant
to law. However, wherever this article imposes greater restrictions, the provisions
of this article will govern.
D.
Interpretation. In their interpretation and application,
the provisions of this article shall 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 article may be
inconsistent or conflicting, the more restrictive requirements or interpretations
shall control.
For purposes of this article, the following words have the following
meanings:
The contractor selected by the Village to collect solid waste.
The Board of the Village of Black Earth.
A can made partly or completely of tin.
Includes all waste resulting from the use, preparation, cooking and
consumption of food.
Any substance or combination of substances, including any waste of
a solid, semisolid, liquid or gaseous form, which may cause or significantly
contribute to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness or which may pose a substantial present
or potential hazard to human health or the environment because of its quantity,
concentration or physical, chemical or infectious characteristics. This term
includes, but is not limited to, substances which are toxic, corrosive, flammable,
irritants, strong sensitizers or explosives as determined by the Department
of Natural Resources.
Residential or commercial air conditioners, clothes dryers, clothes
washers, dish washers, freezers, microwave ovens, ovens, refrigerators, furnaces,
boilers, dehumidifiers, water heaters or stoves.
[Added 9-7-1994 by Ord. No. 94-O-2]
A dwelling intended to be the residence of three or more families
or containing three or more dwelling units.
Matter printed on newsprint but not including books, magazines, catalogues,
glossy paper or similar materials.
Any material other than a recyclable material and includes garbage,
rubbish and other solid waste, including but not limited to ashes, plastic
material other than the type included within recyclable materials, ceramics,
broken glass of all types, blue and flat glass commonly known as "window glass,"
styrofoam, pyrex, light bulbs, mirrors, china, waxed paper, waxed cardboard,
envelopes with gummed labels, glossy paper, magazines and other materials
not defined as recyclable materials for purposes of this article.
Includes newspapers, corrugated cardboard, unbroken brown, green
and white container glass, aluminum and ferrous metal cans, recyclable plastic
containers and metal products, automobile tires and automobile batteries.
[Amended 11-6-1990 by Ord. No. 90-O-16]
Generally means high-density polyethylene and polyethylene terphalete
plastic containers 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.
Includes but is not limited to tree trunks, stumps, tree branches,
brush, and other nonrecyclable materials other than garbage or yard waste.
Garbage, refuse, and all other discarded or salvageable solid materials
resulting from industrial, commercial, and agricultural operations and from
domestic use and public service facilities, but does not include solids or
dissolved materials in wastewater effluents or other waste pollutants.[1]
Includes leaves, grass clippings, garden debris and other similar
organic materials.
[1]
Editor's Note: The former definition of "white goods," which
immediately followed this definition, was repealed 9-7-1994 by Ord. No. 94-O-2.
This article shall apply to each owner or occupant of any business,
industry, local, state and federal governments, place of commerce or other
place providing goods or services of any kind, and to each owner or occupant
of any single-family residence, two-family residence or multifamily dwelling
unit, and to all other covered activities within the corporate limits of the
Village of Black Earth.
A.
Yard waste. No person shall place yard waste out for
collection by the Village. Yard waste will not be picked up by the Village.
Owners and occupants of all properties shall be responsible for and shall
provide for the disposal of yard waste from their properties. Such private
disposal may include, but is not limited to, composting on the lot.
B.
Garbage. Garbage shall be placed at curbside for collection
by the Village at a time designated by the Director of Public Works. Garbage
containers shall not exceed 30 gallons in capacity or 50 pounds in weight
and must be securely closed.
C.
Other waste.
(1)
Rubbish. Rubbish, including brush, will be collected
by the Village only at such times and in accordance with such rules and standards
as established by the Village Board. Such rules will be posted at the Village
Hall and may be revised from time to time as deemed necessary by the Village
Board. One container of rubbish may be placed for collection along with the
regular weekly garbage collection, provided that the rubbish fits completely
in a container which does not exceed 30 gallons in capacity or 50 pounds in
weight.
(2)
Other items. Automobile batteries and tires, major appliances,
metal products, furniture and other miscellaneous items will be collected
by the Village only at such times and in accordance with such rules and standards
as established by the Village Board. Such rules will be posted at the Village
Hall and may be revised from time to time as deemed necessary by the Village
Board.
[Amended 9-7-1994 by Ord. No. 94-O-2]
A.
Separation of recyclables required. Recyclable materials
shall be separated from other solid waste and placed at curbside for collection
as prescribed below. All recyclable materials shall be well drained and clean.
The containers for recyclables materials may consist of any securely closed
watertight container or bag. No containers shall exceed 30 gallons in capacity
or 50 pounds in weight when full.
(1)
Glass, ferrous metal and aluminum cans and plastic. Glass,
ferrous metal cans, aluminum cans and plastics shall be separated from solid
waste and designated for recycling. Glass, ferrous metal cans, aluminum cans
and plastics may all be combined and placed in one container for collection.
(2)
Corrugated cardboard and newspaper. Corrugated cardboard
and newspaper shall be separated from solid waste. Corrugated cardboard shall
be securely tied in bundles not exceeding 18 inches in height or placed in
a suitable container for collection at curbside. Newspaper shall be securely
tied in bundles not exceeding eight inches in height or placed in a suitable
container for collection at curbside. Corrugated cardboard and newspaper may
not be bundled together and shall not be mixed with other recyclable materials.
(3)
Magazines and catalogues. Plastic film or brown paper
wrappers shall be removed and discarded before tying in stacks of up to six
inches. All magazines and catalogues, except those on nonglossy paper, such
as TV Guide, comic books and newspaper inserts, shall be separated. Magazines
and catalogues should not be set out for collection on rainy days.
[Added 9-7-1994 by Ord. No. 94-O-2]
B.
Containers at multifamily dwellings. Owners of multifamily
dwellings shall provide containers for the disposal of recyclable materials
in one of the following ways:
(1)
Containers for each unit. Two separate containers, one
for corrugated cardboard bundles and newspaper bundles and one for glass,
aluminum and ferrous cans and plastic materials, shall be provided for each
dwelling unit.
(2)
Containers for common use. At least two separate and
adequately sized containers, one for corrugated cardboard bundles and newspaper
bundles and one for other recyclable materials, shall be provided for the
common use of all residents of the multifamily dwelling.
(3)
Newspapers; corrugated cardboard; magazines and catalogues.
Newspapers, corrugated cardboard, magazines and catalogues may be placed in
the same container but must be separately bundled or packaged. Corrugated
cardboard must be securely tied in bundles or packages not exceeding 18 inches
in height. Newspapers must be securely tied in bundles or packaging not exceeding
eight inches in height. Plastic film or brown paper wrappers on magazines
and catalogues shall be removed and discarded. Magazines and catalogues shall
be tied in stacks of up to six inches in height.
[Amended 9-7-1994 by Ord. No. 94-O-2]
(4)
Containers to be clearly marked. Containers must be clearly
designated and marked and maintained in a clean and safe condition.
[Amended 9-7-1994 by Ord. No. 94-O-2]
(5)
Owners to assure compliance of residents. The owners
of multifamily dwellings shall notify residents at the time of first occupancy
of the unit and on a semiannual basis thereafter that recyclable materials
must be placed in the containers provided. Owners of multifamily dwellings
shall also take steps as necessary to assure that residents of such dwellings
comply with the recycling requirements of this article.
[Added 9-7-1994 by Ord. No. 94-O-2]
C.
Containers at commercial, retail, industrial, institutional
and governmental facilities. The owners of commercial, retail, industrial,
institutional and government facilities shall provide adequately sized and
marked containers for the separate disposal of recyclable materials. At least
one container shall be provided for corrugated cardboard and newspaper and
one for other recyclable materials. Although corrugated cardboard and newspaper
may be placed in the same container they must be separately bundled or packaged.
Corrugated cardboard must be securely tied in bundles or packaging not exceeding
18 inches in height. Newspaper must be securely tied in bundles or packaging
not exceeding eight inches in height. At least annually, owners shall notify
all occupants, employees, agents, patrons, customers or other facility users
of Village and county recycling requirements.
The Village Board shall annually establish a schedule for waste collection.
The Village Board may vary from or modify the schedule at any time as necessary.
The Village Board shall also establish and post rules and standards for the
collection of certain items and may modify these rules as necessary. The Village
Clerk-Treasurer shall publish the collection schedule at least once in the
spring and fall of each year and, in addition, at any time when the collection
schedule is modified. Village collection of waste will be made at curbside
only. However, the Village Board may authorize a pickup location other than
curbside upon request by the owner or occupant of the premises. No items or
materials shall be placed at curbside for Village pickup sooner than 24 hours
prior to the scheduled collection times as designated by the Village, and
containers shall not remain at the curbline longer than 12 hours after the
scheduled pickup.
A.
All recyclable materials placed out for collection as
provided for in this article shall, upon such placement, become the property
of the Village or the Village's authorized agent.
B.
Only persons authorized by the Village to collect recyclable
materials shall take them from any premises where they have been placed out
for Village collection.
No person shall place for pickup, nor shall the collector or the Village
pick up, any of the following materials:
A.
Materials that do not comply with one or more of the
requirements of this article or do not comply with rules or standards established
by the Village Board.
B.
Yard waste.
C.
Garbage or rubbish substantially in excess of one cubic
yard of material per week unless greater amounts are authorized in writing
by the Village Board or the Village's authorized agent for collection.
D.
Any hazardous substances, unless the Village Board specifically
authorizes such disposal and/or collection.
Any person who violates or fails to comply with any provision of this article shall, upon conviction, forfeit not less than $50 nor more than $500, together with the costs of prosecution. Each day or incident of violation shall be a separate offense. Village law enforcement officers are authorized to issue citations for violation of any provision of this article in the same manner as provided in Chapter 12, Citations, of this Code. In addition to or in lieu of an action to collect the penalties provided for in this section, compliance with this section or any rule or standard adopted under § 231-8 may also be sought by injunctive or other appropriate judicial relief.
