[HISTORY: Adopted by the Village Board of the Village of
Dane as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-1996 as Sec. 8-1-10 and Title 8, Ch. 3, of the 1996 Code]
The Village Board 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 to protect public
health, welfare and the environment. The municipality 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.
The following words are defined in this article as follows:
The contractor or entity chosen by the Village Board to handle,
transport and dispose of the community's solid waste, recyclables
and nonrecyclables, 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.
Heavy-duty Kraft paper packaging material with a corrugated
medium between two flat paper liners and does not include paperboard
such as for cereal or laundry detergent boxes or holders for six packs
or 12 packs of beverage cans or bottles.
Discarded materials resulting from the handling, processing,
storage and consumption of food.
Glass bottles, jars and containers, and does not include
window glass, drinking glasses, pyrex, light bulbs or other noncontainer
glass.
Reasonable efforts to adhere to the policies, standards and
rules of this mandatory source-separation recycling program.
Those wastes or substances defined thusly in § NR
661.03, Wis. Adm. Code (including all amendments provided thereto),
as provided therein pursuant to § 291.05, Wis. Stats., or
other acts pursuant to authority vested in the Wisconsin Department
of Natural Resources to describe and list materials thusly and also
includes in the meaning of "hazardous waste" or "hazardous substance"
as described supra those solid wastes or substances found in household
waste [notwithstanding the household waste exclusion provided in § NR
661.04(2)(a), Wis. Adm. Code].
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 and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, oven, refrigerator, stove, water
heater, furnace, boiler, dehumidifier, microwave oven (with capacitor
removed), or any other item commonly referred to as a "white good."
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.
A property containing five or more residential units, including
those which are occupied seasonally.
The Village of Dane in Dane County, Wisconsin.[1]
Matter printed on newsprint, including daily or weekly publications
and advertising materials (including glossy inserts), but excludes
magazines, catalogs or similar materials.
All items of waste not recyclable, except hazardous waste
or hazardous substances.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multifamily
dwellings.[2]
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.
All paper, excluding newsprint materials or materials specifically
excepted in the definitions of "newspapers" and "corrugated cardboard,"
but shall include grades of fiber materials with available markets
for recycling.
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.
Any individual, corporation, organization, association, local
governmental unit, as defined in § 66.0131(1)(a), Wis. Stats.,
state agency or authority or federal agency.
A blow-molded plastic bottle made of high-density polyethylene
(HDPE) or a plastic bottle or jar made of polyethylene terephthalate
(PET), but does not include HDPE containers that are not blow-molded.
Plastic containers as defined in this section do not include containers
for yogurt, cottage cheese, butter, margarine, ice cream and similar
products.
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.
Identified materials meeting preparation standards and shall
include the following: newspapers; corrugated cardboard; magazines;
foam polystyrene packaging; rigid plastic containers made of PVC,
LDPE, PP, PS, and other resins or multiple resins; yard waste; office
paper; brown, green and clear container glass; aluminum, bimetal and
tin-coated steel cans; blow-molded HDPE and PET plastic containers;
tires; used oil; lead acid batteries; and large appliances. "Recyclable
materials" 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.
Generally means high-density polyethylene (HDPE, labeled
by Code No. 2) and polyethylene terephthalate (PETE, labeled by Code
No. 1) 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.
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 article, shall not include oversize and bulky 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.
Safe, environmentally sound short-term containment of materials
and, for recyclables, shall involve preserving materials in a condition
meeting preparation standards.
For collection purposes, tires from automobiles and light
truck tires and other tires whose size is less than 1,100 x 24.5.
Any contaminated petroleum-derived or synthetic oil, including
but not limited to the following: engine and other mechanical lubricants;
hydraulic and transmission fluid; metalworking fluid; and insulating
fluid or coolant.
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.
This article shall apply to all persons, entities and appropriate
waste-generating activities within the corporate limits of the Village
of Dane.
The provisions of this article 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 Dane County ordinances
in their interpretation and application. Because this article creates
a comprehensive, mandatory source-separation recycling program in
our community, where any terms or requirements of this article may
be inconsistent or conflicting, the more restrictive requirements
or interpretations consistent with state and county law shall control.
A.
Preparation requirements. Acceptable recyclable materials shall be
prepared in accordance with the following standards for collection
purposes pursuant to this article:
(1)
Newsprint. Newsprint shall be dry, free of paper not normally included
in the newspaper and not sunburnt;
(2)
Cardboard. Corrugated cardboard shall be flattened, empty and free
of food debris and other contaminating material;
(3)
Glass containers. Glass containers shall be empty, clean, and free
of metal caps, rings and other contaminants such as window glass,
drinking glasses, ceramics and similar material;
(4)
Metal cans. Metal cans shall be empty, with ends removed and flattened
where possible, and clean with labels removed if possible;
(5)
Plastic containers. Plastic containers shall not be tied together
and shall be empty, clean, reasonably flattened and have caps removed;
(6)
Batteries. Lead acid batteries shall have all caps firmly attached
and be free from leaks;
(7)
Tires. Tires shall include automobile and light truck tires and other
tires less than a size of 1100 by 24.5 and be removed from rims.
B.
Additional preparation standards. Furthermore, additional preparation
standards may be provided by notice to generators of waste and collectors/haulers
or by amendment to this section when other materials become recyclable
dependent upon available economic markets.
The following provisions shall apply to all nonhazardous solid
waste generated within the municipality:
A.
Nonrecyclable material.
(1)
Nonrecyclable materials, including garbage, shall be placed curbside
for collection by the collector/hauler at a time designated by the
municipality. Unless dumpsters or other bins are available, these
materials shall not be placed in containers or bags exceeding 30 gallons
in capacity or 50 pounds in weight and must be securely closed. Reasonable
alternative accommodations that are safe and unobtrusive may be made
for disposal of refuse.
(2)
Any bag or container which contains any recyclable material may be
refused by the collector/hauler unless the generator shows good faith
for recycling. The Village shall not provide services or make any
special arrangements for collection of construction or demolition
materials as items defined under "oversize and bulky waste." This
would be the responsibility of the party generating that type of waste.
B.
Grass, leaves and brush. Grass, leaves and brush shall not be collected
with the intent of disposal at Dane County sanitary landfills. The
municipality shall make suitable arrangements for collection, transportation
and disposal of yard waste. Composting of yard waste on private property
is permitted where no nuisance to others occurs.
C.
Separation of recyclables required.
(1)
All recyclable materials shall be separated from other solid waste.
Recyclable materials placed at the curbside for collection shall be
separated between themselves in a system facilitating transport and
processing as provided herein. Recyclable materials shall meet preparation
standards, and persons shall make good faith efforts to ensure recyclables
and recycling containers are well-drained and reasonably clean.
(2)
Occupants of single-family and two- to four-unit residences, multifamily
dwellings and nonresidential facilities and properties shall separate
the following materials from post-consumer waste, unless such recyclable
material has a variance granted by the Department of Natural Resources
under § 287.11(2m), Wis. Stats., or § NR 544.14,
Wis. Adm. Code:[1]
(a)
Lead acid batteries.
(b)
Major appliances.
(c)
Waste oil.
(d)
Yard waste.
(e)
Aluminum containers.
(f)
Bimetal containers.
(g)
Corrugated paper or other container board.
(h)
Foam polystyrene packaging.
(i)
Glass containers.
(j)
Magazines.
(k)
Newspaper.
(l)
Office paper.
(m)
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP,
PS and other resins or multiple resins.
(n)
Steel containers.
(o)
Waste tires.
D.
Requirements for occupants of single-family and two- to four-unit
residences. All single-family and two- to four-unit residences will
be provided with a cart for refuse and a cart for recycling. If a
resident wishes, they may contact the refuse and recycling vendor
for an additional cart at the property owner's expense. Carts shall
be placed behind the curb.[2]
E.
Requirements for multifamily dwellings. Owners of multifamily dwellings
shall provide adequate containers for handling and collection of recyclable
materials, enabling tenants to ensure separation of recyclables and
ensuring that recyclables meet preparation standards. The following
shall be acceptable means of providing containers: providing a series
of containers for the complex or subunits thereof, with unique containers
for each type of recyclable to be shared in common by occupants of
the multifamily dwelling, not including provisions for major appliances
or used oil, with sufficient, separate containers to achieve good
faith separation of recyclables based upon size of the multifamily
dwelling and handling, transportation and processing requirements
for the collector/hauler. Containers shall be clearly designated and
marked as to the recyclables contained therein, and containers shall
be maintained in a clean, safe and watertight condition. Owners of
multifamily dwellings shall exercise good faith to assure that residents
and occupants comply with recycling requirements of this article.
Owners of multifamily dwellings shall notify tenants at the time of
renting or leasing the dwelling and semiannually thereafter of the
recycling programs provided in this subsection.[3]
F.
Requirements for nonresidential facilities and properties. The owners
of commercial, retail, industrial, institutional and governmental
facilities shall provide adequate, marked containers for separate
handling and collection of recyclable materials, excluding used oil
and major appliances. All owners shall exercise good faith to maintain
sufficient, well-kept containers to meet their generators' requirements
for recycling purposes. Adequacy and the number of separate, marked
containers shall be based upon the size of the facility. All owners
shall exercise good faith to meet preparation standards for recyclables,
providing suitable containers for that purpose. Owners of larger facilities
shall provide separate containers for each type of recyclable material
collected, ensuring sufficient containers to meet all occupants' needs
and shall exercise good faith to assure that occupants comply with
recycling requirements of this article. Owners shall regularly, periodically
notify all users and occupants of the facilities of the recycling
programs provided in this subsection. Additionally, owners of facilities
shall provide for the collection of recyclable materials separated
from solid waste by the users and occupants of the facility and delivery
of the aforementioned recyclables to a material recycling facility.
G.
Prohibited practices in collection and handling of recyclables.
(1)
No person, persons or other entity generating waste within the municipality
shall do any of the following:
(a)
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, unless good faith to recycle is
shown.
(b)
Deposit or 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
municipality, 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.
(2)
Shingles and materials are the responsibility of the property owner.
Contractors are available for this removal.
(4)
All materials shall be properly placed for collection in a manner
that will not allow such materials to be blown by the wind.
H.
Construction debris. The Village shall not provide services or make
any special arrangements for the collection of bulky waste, such as
construction debris, requiring the use of a dumpster.
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 municipality, or the Village's authorized
agent, or a private collector/hauler whom persons in the Village have
contracted to perform functions pursuant to the recycling plan provided
in this article. Only persons authorized by the Village 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 section shall constitute
a separate and distinct offense, punishable as provided hereinafter.
The Village Board shall prepare regulations, standards and schedules
as necessary to make effective all provisions of this article. Annually,
upon a schedule adopted by the Village, the Village Board shall prepare
notices and distribute other information to persons and entities generating
waste within the Village for the purpose of informing the public about
the requirements dictated by this article.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the Village of Dane may inspect recyclable materials separated for
recycling, post-consumer waste intended for disposal, recycling collection
sites and facilities, collection vehicles, collection areas of multifamily
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 Dane who requests access for purposes of inspection
and who presents appropriate credentials. No person may obstruct,
hamper, or interfere with such an inspection.[1]
B.
Village law enforcement officers are authorized to issue citations
for violation of any provision of this article.
[Added 6-2-2003]
A.
The Village of Dane landfill and recyclable sites shall be designated
for Village of Dane residents only.
B.
No person, firm or corporation shall dump or deposit in or on any
public lands within the Village limits of the Village of Dane any
rubbish, refuse, garbage, recyclables, earth, sand, gravel, stone
or other materials without permission of the Director of Public Works.
C.
No person, firm, or corporation shall put rubbish, refuse, garbage,
or recyclables on any Village street more than 24 hours before Village
pickup day. Any rubbish, refuse, garbage, or recyclables put out more
than 24 hours before pickup day may be subject to an early hauling
fee. The fee will be assessed based on the number of items.[1]
A.
Purpose. The purpose of this section is to promote the recycling
of yard wastes and certain kitchen wastes through composting and to
establish minimum standards for proper compost maintenance.
B.
COMPOST
KITCHEN WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding one inch in diameter), bushes,
shrubs, plants, leaves and garden debris.
Any uncooked plant matter not contaminated by or containing
meat, fish and/or dairy products.
C.
Maintenance. All compost piles shall be maintained using approved
composting procedures to comply with the following requirements:
(1)
All compost piles shall be enclosed in a freestanding compost bin.
Each compost bin shall be no larger in volume than 125 cubic feet
and shall be no taller than 42 inches.
(2)
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the Village to proceed under § 379-6, Rodent control, of this Code.
(3)
All compost bins shall be so maintained as to prevent unpleasant
odors.
(4)
No compost bin shall be allowed to deteriorate to such condition
as to be a blighting influence on the surrounding property or neighborhood
or the Village in general.
(5)
Location.
(a)
All compost bins shall be located not less than three feet from
a property line or principal building or dwelling and three feet from
any detached accessory building.
(b)
A variance from these setback requirements may be applied for
if the property owner(s) can show a hardship exists which prohibits
compliance. In addition, any variance application must include a signed
written approval of the variance request from the adjacent property
owner(s). Variances can be granted by the Building Inspector on an
annual basis upon the proper application being submitted by the property
owner(s). Screening and/or fencing of compost bins may be required
as a condition of a variance being granted.
(7)
Those composting bins which existed prior to the adoption of this
section shall be given one year to comply with the requirements set
forth herein.
E.
Owner responsibility. Every owner or operator shall be responsible
for maintaining all property under his or her control in accordance
with the requirements of this section.
