The following definitions shall be applicable in this chapter:
BAGS
Colored plastic bags with "Village of Belleville" imprinted
thereon are designated for refuse, with a capacity not to exceed 32
gallons and a loaded weight of no more than 50 pounds. The top of
the bag must be secured with a tie.
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
CARDBOARD
Includes all cardboard, brown paper bags, cereal boxes, egg
cartons, and similar materials, but not waxed. No pizza boxes or other
greasy boxes.
COLLECTOR/HAULER
The contractor or entity chosen by the Village Board to handle,
transport, and dispose of the solid waste, recyclables and nonrecyclables
generated in the Village, or the person or persons contracting with
waste generators for these services, and will enforce preparation
standards for recyclable materials as well as ensure community compliance
with this source separation recycling program.
COMMERCIAL WASTE
Waste of whatever material generated by any industrial or
business establishment where any trade, occupation, industry or commerce
is conducted.
COMMUNITY DUMPSTER
The dumpster or container maintained by the Village located
at the Village wastewater treatment plant for use by Village residents
under this chapter.
CONTAINER GLASS
Includes container glass only. "Glass" does not include ceramic
cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant
glass such as Pyrex,® lead-based glass such as crystal, or television
tubes.
CURB
The back edge or curb and gutter along a paved street or
where one would be if the street was paved and had curb and gutter.
DECIDUOUS MATERIAL
Yard wastes such as leaves, grass clippings, flowers and
other similar vegetation, but specifically excludes sod, dirt, twigs,
fruit, vegetables and other similar material. Also included are clean
woody vegetative material no greater than six inches in diameter and
holiday trees, but does not include tree stumps, extensive root systems
or shrubs with intact root balls.
DEMOLITION WASTES
That portion of solid waste from the repair, remodeling,
construction or reconstruction of buildings, such as lumber, roofing
and sheathing scraps, rubble, broken concrete, asphalt, plaster, conduit,
pipe, wire, insulation, and other materials resulting from the demolition
of buildings and improvements.
DWELLING UNIT
A place of habitation occupied by a normal single-family
unit or a combination of persons who may be considered as equivalent
to a single-family unit for the purposes of this chapter.
GARBAGE
Discarded materials resulting from the handling, processing,
storage and consumption of food.
GLASS
Glass bottles, jars and containers and does not include window
glass, drinking glasses, Pyrex,® light bulbs or other noncontainer
glass.
GOOD FAITH
Reasonable efforts to adhere to the policies, standards and
rules of this mandatory source separation recycling program.
HDPE
High-density polyethylene plastic containers marked by the
SPI Code No. 2.
HOUSEHOLD SHARP MEDICAL WASTE
Any type of product capable of puncturing or lacerating the
skin that is designed or used to treat, diagnose, or prevent a disease
or medical condition, including but not limited to scalpels and hypodermic
needles.
LDPE
Low-density polyethylene plastic containers marked by the
SPI Code No. 4.
LEAD ACID BATTERIES
Automotive and related batteries that are comprised of lead
plates with an acid electrolyte, and does not include nickel-cadmium
batteries, dry cell (flashlight) batteries or batteries used in calculators,
watches, hearing aids or similar devices.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCES
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, water heater, furnace, boiler, dehumidifier, or any other item
commonly referred to as a "white good."
METAL CANS
Tin-coated steel cans, bimetal cans, and aluminum cans used
for food and other nonhazardous materials, but excluding aerosol cans
and cans that held paint, paint-related products, pesticides or other
toxic or hazardous substances.
MIXED PAPERS
Includes all grades of papers, including white, colored,
ledger, shiny, coated, carbonless or NCR papers; envelopes, including
windowed, labeled, and kraft; magazines, phone books, computer printout
paper, glued pads and tablets, file folders, key punch cards, spiral
notebooks, cereal boxes, shoe boxes, etc. Can include paper clips
and staples. Does not include hand towels or other paper products
from rest rooms or soiled napkins and paper plates. Also does not
include carbon paper, cellophane, or any waxed paper.
MULTIFAMILY DWELLING
A property containing five or more residential units, including
those which are occupied seasonally.
NEWSPRINT
That portion of newspapers (newspapers and advertising circulars
normally accompanying newspapers) or periodicals and advertising circulars
printed on newsprint which remains in substantially original condition
at the time of disposal such that the material is suitable for commercial-grade
recycling. "Newsprint" does not include the paper commonly used in
the production of magazines, books, and other physical media for written
material or paper which is not suitable for recycling purposes or
is in a state which makes separation unreasonable or unduly expensive,
for reasons which include, but are not limited to, the following:
A.
The paper has been put to another use, such as wrappings for
other wastes, and is thus rendered unfit for commercial recycling.
B.
The paper is no longer flat and folded to the approximate dimensions
of its original condition.
C.
The paper is mixed in with commercial or municipal litter or
refuse as a result of the failure of citizen or business invitees
to separate newspapers from other discarded materials outdoors or
in publicly accessible areas of buildings.
D.
The paper has been damaged or altered by any other means so
as to make recycling impossible or unduly difficult.
OTHER PAPER
All paper excluding newsprint materials or materials specifically
excepted in the definitions of "newsprint" and "cardboard," but shall
include grades of fiber materials with available markets for recycling.
OVERSIZE AND BULKY WASTE
Large items such as furniture, mattresses, carpeting, construction
or demolition materials of substantial dimensions, brush and other
large items whose proportions are not easily reduced.
PERSON
Any individual, corporation, organization, association, local
governmental unit, as defined in § 66.0131(1), Wis. Stats.,
state agency or authority or federal agency.
PETE
Polyethylene terephthalate plastic containers marked by the
SPI Code No. 1.
PLASTIC BOTTLES
Includes only plastic bottles clearly marked with the recycling
emblem encircling No. 1 (PET or PETE) or No. 2 (HDPE). Does not include
motor oil bottles, even if they are labeled No. 1 or No. 2.
POSTCONSUMER 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 waste, as defined in § 289.01(17),
Wis. Stats.
PREPARATION STANDARDS
Criteria provided establishing acceptable good faith limits
for introduction of materials into the source separation recycling
program involving either transport to a material recycling center
or temporary storage of such materials.
PS
Polystyrene plastic containers marked by the SPI Code No.
6.
PVC
Polyvinyl chloride plastic containers marked by the SPI Code
No. 3.
RECYCLABLE MATERIAL
Identified materials meeting preparation standards and shall
include the following: newspapers; corrugated cardboard; (unbroken)
brown, green and clean container glass; aluminum, bimetal and tin-coated
steel cans; blow-molded HDPE and PET plastic containers; tires (regardless
of size); used oil; lead acid batteries and large batteries; and large
appliances. "Recyclable material" further means identified materials
meeting preparation standards where economical markets or short-term
storage is available and shall include the following: other paper;
polystyrene foam; PVC containers; polypropylene containers; HDPE and
PET containers other than bottles; types of plastic containers labeled
"other"; and other materials determined to have economical markets
available.
RECYCLABLE PLASTIC
Generally means high-density polyethylene and polyethylene
terephthalate 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.
REFUSE
Combustible and noncombustible materials, including but not
limited to paper products, wood, metal, glass, cloth and products
thereof in unrecoverable condition; litter and street rubbish not
including yard waste; uncontaminated ashes; and building materials
such as wood, concrete, glass, plaster and other intermixed materials
produced in construction or demolition of structures. "Refuse" for
purposes of this chapter shall not include oversize or bulky waste.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential
environment from residential dwelling units.
RESIDENTIAL UNIT
Each living unit in the Village of Belleville designed for
permanent living quarters, including single-family dwellings and units
in duplexes, triplexes, and multifamily units and each unit in a residential
condominium project.
SCAVENGING
The uncontrolled and unauthorized removal of materials at
any point in solid waste management.
SHARPS CONTAINER
A container specifically manufactured for the disposal of
sharp medical waste.
SOLID WASTE
Garbage, refuse and all other discarded or salvageable solid
materials, including solid waste materials, resulting from industrial,
commercial and agricultural operations and from community activities,
but does not include solids or dissolved material in wastewater effluents
or other common water pollutants.
SOLID WASTE STORAGE
Safe, environmentally sound, short-term containment of materials
and for recyclables shall involve preserving materials in a condition
meeting preparation standards.
TIRES
For collection purposes shall mean rubber tires, from automobiles
and light trucks, and other tires whose size is less than 1100 x 24.5,
which are removed from rims.
USED OIL
Any contaminated petroleum-derived or synthetic oil, including
but not limited to the following: engine and other mechanical lubricants,
hydraulic and transmission fluid, metal-working fluid, and insulating
fluid or coolant.
WHITE GOODS
Refrigerators, freezers, stoves, water heaters and other
large appliances.
YARD WASTE
Leaves, grass clippings, and yard and garden debris, including
clean woody vegetative material no greater than six inches in diameter
and holiday trees, but does not include tree stumps, extensive root
systems or shrubs with intact root balls.
Nonrecyclable materials include the following:
A. Glass. All Pyrex® glass, window glass, light bulbs, ceramics,
mirrors, broken glass and china shall be considered nonrecyclable.
B. Plastics. Rigid cottage cheese containers, plastic wraps, egg cartons,
melamine-type plastics, and all forms of polystyrene foam shall not
be placed with recyclable material but shall be disposed of in the
manner prescribed for other nonrecyclable refuse.
C. Gloss paper. All waxed paper and waxed cardboard and all Christmas
wrapping paper.
D. Other materials. All other garbage and refuse not qualifying as recyclable
materials.
All demolition waste resulting from remodeling, construction,
or removal of a building, roadway, or sidewalk shall be disposed of
by the owner, builder, or contractor. Building materials of any kind
will not be disposed of by the Village.
It shall be unlawful to intentionally alter recyclable materials
so as to render them as nonrecyclable material.
The accumulation or deposit of garbage, trash, or putrescible
animal or vegetable matter in or upon any lot or land or any public
or private place within the Village which causes the air or environment
to become noxious or offensive or to be in such a condition as to
promote the breeding of flies, mosquitoes, or other insects, or to
provide a habitat or breeding place for rodents or animals, or which
otherwise becomes injurious to the public health, is prohibited and
declared to constitute a nuisance. Refuse areas shall be kept in a
nuisance- and odor-free condition. Refuse shall not be allowed to
accumulate. Violation will result in the occupant and/or owner being
notified to clean up his or her area, with continued violations resulting
in the owner being prosecuted under provisions of this chapter and
other Village ordinances.
No person other than an authorized collector shall collect or
interfere with any waste after it shall have 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 any authorized garbage collector in the discharge of
his or her duties.
No person, persons or other entity generating waste within the
Village shall do any of the following:
A. Deposit or cause to be deposited any recyclable material at any authorized
collection point when the site is closed or not operating.
B. Deposit or cause to be deposited any waste material, whether recyclable
or not, in or upon any public street, public waters, or public grounds
in the Village except at authorized locations within appropriate packaging
or placed into appropriate containers during specifically authorized
collections if any are provided.
C. Deposit or cause to be deposited any recyclable materials in any
container not specifically intended for the collection of that type
or group of recyclable material.
D. Deposit or cause to be deposited any nonrecyclable material in any
container specifically intended for the collection or deposit of recyclable
material.
E. Mix or permit intermixing of recyclable and nonrecyclable materials
intended for collection by a collector/hauler or intended to be processed
at a material recycling facility.
Each condominium association in the Village shall be responsible for establishing compliance with this chapter by the owner of each condominium unit and shall submit its plan for compliance to the Village for approval and shall submit for approval of the Village any changes in such plan. Such plan may provide for the purposes of this chapter. Each condominium unit shall be treated the same as a single residential dwelling or the entire condominium shall be treated for such purposes as a multifamily dwelling (§
505-5B). In approving such a plan, the Village shall consider which plan under the circumstances would better promote the purpose of this chapter.
The owners of commercial, retail, industrial and governmental
facilities shall provide adequate separate containers for the disposal
of recyclable materials as defined herein and shall regularly notify
all users of said premises of such facilities, including employees,
agents and customers, and of county and municipal recycling requirements.
Nothing in this chapter is intended to apply to the disposal
of or the accumulation of agricultural or farm wastes, products or
feed accumulated upon property used in the ordinary course of farming.
It is expected that from time to time federal and state statutes
and regulations will require that items other than the items which
have been deemed to be recyclable herein shall be recycled. In such
event, this chapter shall be deemed to include and shall require such
other items to be recyclable hereunder.
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 §§
505-4 and
505-5 which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.
It shall be unlawful to bring refuse for disposal (and recyclables)
from outside the corporate limits into the Village unless authorized
by agreement with the Village Board.
If any entity, including those receiving collection from a private
firm, is found in violation of the collection and storage requirements
of this chapter and fails to comply with a notification and/or citation,
the Village Board or its designee shall be empowered to order a special
collection to remove such violation. The person shall be notified
of such special collection and the charges therefor. The special collection
shall be made, and if billing plus an hourly rate as prescribed in
the Village Fee Schedule is unpaid, the bill shall be considered a
lien on the property and shall be placed on the tax bill. A person
shall not use the special collection provision of this chapter to
circumvent requirements for collection by a private firm.
The provisions of this chapter shall be held to be minimum requirements
and shall not be deemed a limitation or repeal of any other power
granted by the Wisconsin Statutes or pertinent county ordinances in
their interpretation and application. Because this chapter creates
a comprehensive, mandatory source separation recycling program in
our community, any terms or requirements or interpretations consistent
with state and county law shall control. If any provision of this
chapter is found to be invalid or unconstitutional, or if the application
of this chapter to any person or circumstance is invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the other
provisions or applications of this chapter which can be given effect
without the invalid or unconstitutional provisions or applications.