[HISTORY: Adopted by the Village Board of the Village of Cottage
Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-16-1995]
The Village of Cottage Grove 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 protect public health, welfare and
the environment. The Village 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.
A.
This article is adopted as authorized under s. 287.09(3)(b),
Wis. Stats., in order to promote recycling and resource recovery activity
through the administration of an effective recycling program as provided in
s. 287.11, Wis. Stats., and Chapter NR 544, Wis. Adm. Code.
B.
The provisions of this article shall be applicable to
all persons or entities, however organized, located within the Village of
Cottage Grove.
The provisions of this article shall be administered by the Village
Clerk.
The following definitions shall be applicable in this article:
A container for carbonated or malt beverages that is made primarily
of a combination of steel and aluminum.
Corrugated paperboard 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 polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, 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, furnace,
boiler, dehumidifier, water heater or stove.
A property containing five or more residential units, including those
which are occupied seasonally.
A newspaper and 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 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.
Plastic resins labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association, local
governmental unit, as defined in s. 66.299(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 originally 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 s. 291.01(7), Wis. Stats., waste from
construction and demolition of structures, scrap automobiles or high-volume
industrial waste, as defined in s. 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 s. 289.01(33), Wis. Stats.
The meaning specified in s. 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.
"Treatment" includes incineration.
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.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties shall
separate the following materials from postconsumer 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)
Newspaper.
(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.
Nonrecyclable material. Nonrecylable materials, including
garbage, shall be placed curbside for collection by the collector/hauler at
a time designated by the Village of Cottage Grove. Unless dumpsters or other
bins are available, these materials shall be placed in containers or bags
not exceeding 30 gallons in capacity or 50 pounds in weight and which must
be securely closed. Reasonable alternate accommodations that are safe and
unobtrusive may be made for disposal of refuse.
C.
Newly constructed residential and commercial properties,
once the certificate of occupancy has been issued, shall be responsible for
garbage and recycling fees from that month to the end of the current budget
year. The fee per month shall be calculated based upon four weekly trip charges
for recycling and garbage collection and is due once the certificate of occupancy
is issued.
[Added 12-6-2004 by Ord. No. 10-2004]
The separation requirements of § 264-5 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 264-5 from solid waste in as pure a form as is technically feasible.
B.
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.
A.
Acceptable recyclable materials shall be prepared in
accordance with the following standards for collection purposes:
(1)
Newsprint shall be dry, free of paper not normally included
in the newspaper and not sunburnt. Newspaper shall be securely tied in neat
bundles less than 12 inches thick or placed in suitable containers facilitating
handling and collection.
(2)
Corrugated cardboard shall be kept flattened and securely
tied in bundles or placed in suitable containers facilitating handling and
collection.
(3)
Glass containers shall be empty, clean and free of metal
caps and rings, other contaminants such as window glass, drinking glasses,
ceramic and similar materials.
(4)
Metal cans shall be empty and clean, with labels removed.
(5)
Plastic containers shall not be tied together and shall
be empty, clean and have caps removed.
(6)
Lead acid batteries shall have all caps firmly attached
and be free from leaks.
(7)
Used oil shall be from motor vehicles, be free of contaminants
and in tightly sealed, nonleaking containers.
(8)
Tires shall include automobile and light truck tires
and shall be removed from rims.
(9)
Corrugated cardboard and newspaper shall not be intermixed,
bundled together or mixed with other recyclable materials such as paper.
(10)
Alternative preparation standards may be adopted by the
Board and will be available to the public at the Village of Cottage Grove
Municipal Building.
(11)
Furthermore, additional preparation standards may be
provided by notice to generators of waste and collectors/haulers or by amendment
to this subsection when other materials become recyclable dependent upon available
economic markets.
B.
Use of alternate collection points. All persons or entities
generating solid waste shall separate recyclables from nonrecyclables and
shall take all the following recyclable materials to available recycling collection
points: corrugated cardboard, glass, newspaper, paper, plastic, metal cans,
lead acid batteries, major appliances, used oil, tires and other materials
deemed recyclable, as economic markets become available. Persons transporting
recyclables to collection points shall meet preparation standards for those
materials.
A.
Owners or designated agents of multiple-family dwellings
shall do all of the following to recycle as outlined within this article:
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify tenants in writing at the time of renting or leasing
the dwelling and at least semiannually thereafter about the established recycling
program.
(3)
Provide for the collection of the materials separated
from the solid waste by the tenants and the delivery of the materials to a
recycling facility.
(4)
Notify tenants of reasons to reduce and recycle solid
waste, 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.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 264-5A(1) through (15) from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 264-5A(1) through (15):
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify in writing, at least semiannually, all users,
tenants and occupants of the properties about the established recycling program.
(3)
Provide for the collection of the materials separated
from the solid waste by the users, tenants and occupants and the delivery
of the materials to a recycling facility.
(4)
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.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 264-5A(1) through (15) from solid waste in as pure a form as is technically feasible.
No person, persons or other entity generating waste within the Village
of Cottage Grove shall do any of the following:
A.
Mix or permit intermixing of recyclable and nonrecyclable
materials intended for collection by a collection/hauler or intended to be
processed at a materials recycling facility.
B.
Deposit of 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 Village
of Cottage Grove 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.
F.
Anti-scavenging provision. 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 Village of Cottage Grove or the Village
of Cottage Grove's authorized agent or a private collector/hauler
with whom persons in the Village of Cottage Grove have contracted to perform
functions pursuant to the recycling plan provided in this article. Only persons
authorized by the Village of Cottage Grove 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 provision shall constitute a separate and distinct offense
punishable as provided hereinafter.
A.
It is expected from time to time that applicable federal
and state statutes and regulations will require items other than the items
which have been deemed to be recyclable herein to be recycled. In such event,
this article shall be deemed to include and shall require such other items
to be recyclable hereunder.
B.
The Village Board shall prepare regulations, standards
and schedules as necessary to make effective all provisions of this article.
Periodically, upon a schedule adopted, the Village Board shall prepare notices
and distribute other information to persons and entities generating waste
within the Village of Cottage Grove for the purpose of informing the public
about the requirements dictated by this mandatory source separation recycling
article.
B.
Any person who violates any provisions of this article
or any regulations promulgated pursuant to this article shall forfeit, upon
conviction thereof, not less than $50 nor more than $200 for each separate
violation hereunder, provided that the range of the forfeiture for the third
and any subsequent violation of this article or regulations promulgated pursuant
thereto within a twelve-month period shall be not less than $100 nor more
than $500 for each separate violation. Each incident of violation shall be
a separate offense, and each day or part thereof during which a violation
occurs or continues shall be deemed a separate offense.