Village of Blue Mounds, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Blue Mounds as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 275.
Abandoned and junked vehicles — See Ch. 345.
[Adopted 11-8-1995 by Ord. No. A-128 (Sec. 11.10 of the 2001 Village Code)]
As used in this article, the following words and phrases shall have the meanings ascribed to them in this section:
GARBAGE
Includes all kinds of organic refuse resulting from the preparation of food and all decayed or spoiled food products from any source whatever.
REFUSE
Includes all inorganic matter such as tin cans, wire or metal, glass, china, crockery, paper, cloth, earth, wood, ashes and other items of a similar nature, but shall not include leaves, grass, trees, tree limbs, earth, stone or manure or materials obtained from the demolishing or remodeling of buildings and property whenever such material exceeds in quantity 10 containers per collection.
No person shall deposit, throw, scatter or place any garbage or other refuse on or within any public street, alley, park, sidewalk, or other public place or within or upon any private property or premises, whether owned, kept or controlled by such person, except in the manner provided in this article, or as directed by the Police Department for the health, safety and welfare of the Village.
A. 
All garbage shall be well-drained, wrapped in paper and deposited in metal tapered garbage cans or clear plastic bags of suitable strength and tied properly to eliminate spillage. All garbage cans shall be equipped with proper handles, kept closed with tight-fitting covers, shall be verminproof and flyproof, kept in a sanitary condition, and shall not exceed 30 gallons in capacity or 50 pounds in weight. Garbage cans and bags must be readily accessible at the curb for emptying or removing, and no other receptacle shall be used for garbage.
B. 
All multiple-family buildings and trailer parks containing four families/units or more shall provide one six-cubic-yard container for a maximum of 12 residence units. Industrial plants and commercial establishments shall likewise deposit garbage in a six-cubic-yard container. The Director of Public Works is given the authority to determine when additional containers are necessary. The Director shall have authority to waive the requirements of this section.
All refuse shall be placed in cans, baskets, clear plastic bags or other suitable containers and shall not exceed 30 gallons in capacity, 50 pounds in weight or three feet in length. All boxes not used as refuse containers must be broken down flat.
No refuse shall be placed in garbage containers.
All garbage and refuse containers shall be placed adjacent to the street adjoining the property no more than 24 hours prior to 7:00 a.m. of the pickup day, except that on holidays immediately preceding the day of pickup, such containers shall be so placed no more than 48 hours prior to 7:00 a.m. of the day of pickup; this provision shall not apply to branches and trees; all such garbage and refuse containers shall be removed therefrom within 24 hours after collection.
The collection and disposal of garbage and refuse shall be conducted under the supervision, direction and control of the Director of Public Works, subject to the provisions of this chapter and such additional rules and regulations as may be adopted from time to time by the Village Board.
Garbage and refuse shall be collected once each week in the residential, industrial and commercial districts on a schedule determined by the contracted collection agent.
A. 
The cost of collection shall be borne by the owner or occupant of all lots or parcels of real estate including mobile home lots and will be billed by the Village on a monthly basis. The amount to be collected for each lot or parcel shall be determined on an annual basis by the Village Board. Billings for garbage, refuse and recycling collection service become due and payable no later than 20 days from the end of the month for which service is rendered. A penalty of 3% will be added to billings not paid in full on the due date.
B. 
On October 15 in each year, notice shall be given to the owner or occupant of all lots or parcels of real estate to which service has been provided prior to October 1 and payment for which is owing and in arrears at the time of giving such notice. The notice shall be given by the Clerk/Treasurer unless the Board, from time to time, shall authorize otherwise. Such notice shall be in writing, shall state the amount of such arrears, including any such penalty assessed; and state that unless the same is paid by November 1 thereafter, a penalty shall be paid of 10% of such amount of the arrears will be added thereto; and that unless such arrears, with any such added penalty, shall be paid by November 15, thereafter, the same will be levied as a tax against the lot or parcel of real estate to which service was provided and for which payment is delinquent as above specified. Such notice may be served by delivery to either such owner or occupant at the post office address of such lot or parcel of real estate. On November 16, the Treasurer, or officer or department issuing the notice, shall certify and file with the Clerk a list of all lots or parcels of real estate giving the legal description thereof, to the owners or occupants, of which notice of arrears still remain unpaid, and stating the amount of such arrears together with the added penalty thereon as herein provided. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the service was furnished and payment for which is delinquent, and the Clerk/Treasurer shall insert the same as a tax against such lots or parcels of real estate.
C. 
Certain exceptions to the above-stated billing procedure may be waived or instituted at the discretion of the Board on those commercial or multifamily buildings currently being billed directly by the contracted collection agent.
The contracted agent or Director of Public Works may refuse to collect any garbage or refuse improperly prepared or deposited for pickup as provided for by this article.
All collection equipment shall be as approved by the Board of Health, and garbage collection trucks must be completely enclosed and kept clean and sanitary.
It shall be the duty of the Village Director of Public Works to strictly enforce the provisions of this article and see that all violations thereof are promptly abated and violations prosecuted, and it shall be the duty of the Director of Public Works and all police officers to give attention throughout the Village to any case of violation of this article and promptly report the same to the Village Board.
Any person who shall violate this article shall, upon conviction thereof, forfeit shall pay a forfeiture as set forth in § 1-3 of the Village Code.
[Adopted 8-6-1992 by Ord. No. A-80; amended 12-14-1994 by Ord. No. A-115; 11-8-1995 by Ord. No. A-128 (Sec. 11.11 of the 2001 Village 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 countywide 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 countywide 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:
COLLECTOR/HAULER
The contractor or entity chosen by the Village Board to handle, transport and dispose of the community's solid waste, recyclables and nonrecyclables, or 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.
CORRUGATED CARDBOARD
Heavy duty kraft paper packaging material with a corrugated medium between two flat paper liners, and does not include paperboard such as cereal or laundry detergent boxes or holders for six packs or 12 packs of beverage cans or bottles.
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 non-container glass.
GOOD FAITH
Reasonable efforts to adhere to the policies, standards and rules of this mandatory source-separation recycling program.
HAZARDOUS WASTE or HAZARDOUS SUBSTANCE
Those wastes or substances defined thusly in Ch. NR 661.03 of the Wisconsin Administrative Code (including all amendments provided thereto) as provided therein pursuant to Wis. Stats. § 287, 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 Ch. NR 661.03, Wisconsin Administrative Code).
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LEAD-ACID BATTERIES
Automotive and related batteries that are composed 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.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, water heater, residential or commercial furnace, boiler, dehumidifier or any other item commonly referred to as a "white good." This does not include a microwave from which the capacitor has been removed.
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.
MULTIFAMILY DWELLING
A residential dwelling place intended to be the residence of four or more independent family units.
MUNICIPALITY
A city, village or town located wholly or partly within the boundaries of Dane County.
NEWSPAPERS
Matter printed on newsprint including daily or weekly publications and advertising materials but excludes glossy paper, magazines, catalogs or similar materials.
NONRECYCLABLE MATERIAL
All items of waste not recyclable except hazardous waste or hazardous substances.
OTHER PAPER
All paper excluding newsprint materials or materials specifically excepted in the definition of "newspapers" and "corrugated 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
Includes any individual, corporation, organization, association, local governmental unit, as defined in Wis. Stats. § 66.0131(1)(a), state agency or authority or federal agency.
PLASTIC CONTAINER
A blow-molded plastic bottle made of high-density polyethylene (HDPE) or a plastic bottle or jar made of polyethylene terephthalate (PETE), but does not include HDPE containers that are not blow-molded, including but not limited to containers for yogurt, cottage cheese, butter, margarine, ice cream and similar products. This excludes containers that held any type of chemicals.
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.
A. 
Identified materials meeting preparation standards and shall include the following: newspapers; corrugated cardboard; unbroken brown, green and clear container glass; aluminum, bimetal and tin-coated steel cans; blow-molded HDPE and PETE plastic containers; tires (regardless of size); used oil; lead-acid batteries; and major appliances.
B. 
"Recyclable material" further means identified materials meeting preparation standards where economical markets or short-term storage are available and shall include the following: other paper; polystyrene foam; PVC containers; polypropylene containers; HDPE and PETE containers other than bottles; types of plastic containers labeled "other"; and, other materials determined to have economical markets available.
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 article shall not include "oversize or bulky 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 effluent 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 truck tires and other tires whose size is less than 1,100 by 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; metalworking fluid, and insulation fluid or coolant.
YARD WASTE
Leaves, grass clippings, 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.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
This article shall apply to all persons, entities and appropriate waste-generating activities, within the corporate limits of the Village of Blue Mounds.
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. If any section, provision or portion of this article is found unconstitutional or invalid by a court, the remainder of this article shall remain enforceable and shall not be affected by that ruling.
Acceptable recyclable materials shall be prepared in accordance with the following standards for collection purposes pursuant to this article:
A. 
Newsprint shall be dry, free of paper not normally included in the newspaper and not sunburnt;
B. 
Corrugated cardboard shall be flattened, empty and free of food debris and other contaminating material;
C. 
Glass containers shall be empty, clean and free of metal caps and rings, other contaminates such as window glass, drinking glasses, ceramic and similar material;
D. 
Metal cans shall be empty (with ends removed and flattened where possible) and clean (with labels removed);
E. 
Plastic containers shall not be tied together, and shall be empty, clean, and have caps removed;
F. 
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.
The following provisions shall apply to all nonhazardous solid waste generated within the municipality:
A. 
Nonrecyclable material.
(1) 
All garbage, refuse and other nonrecyclable materials shall be collected, removed and disposed of pursuant to the municipality's agreement with the designated collector/hauler or persons' private agreements with collectors/haulers, unless such an arrangement is unavailable or not required, in which case persons shall follow these guidelines in their own disposal of solid waste they generated.
(2) 
All garbage, refuse and other nonrecyclable materials placed curbside for collection shall be well drained, wrapped and deposited in watertight containers or watertight clear plastic bags. No container or bag placed for collection shall exceed 30 gallons in capacity or 50 pounds in weight.
(3) 
No more than three bags or containers of garbage or refuse per residential unit may be placed at curbside for collection each week. Any additional containers or bags will be left at curbside, as determined by the collector/hauler.
(4) 
Any bag or container placed curbside for collection as refuse or nonrecyclable material which contains any recyclable material may be refused by the collector/hauler unless the generator show good faith for recycling. Where dumpsters are used, the collector/hauler may refuse collection from bins containing recyclable materials unless the owner or generator shows good faith for recycling.
(5) 
The municipality shall ensure that a schedule is provided to designate special times during the year when collection services will be available for oversize and bulky waste.
B. 
Grass, leaves and brush. Grass, leaves and brush shall not be collected with the intent of disposal at any sanitary landfills. The municipality shall make suitable arrangements for collection, transportation and disposal of yard waste. All persons who generate yard waste shall be responsible for appropriate disposal of yard waste from properties owned or occupied by the aforementioned persons. Composting of yard waste on private property is permitted where no nuisance to others occurs. Burning of woody materials under six inches in diameter is prohibited.
C. 
Separation of recyclables required. 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 effort to ensure recyclables and recycling containers are well drained and reasonably clean.
(1) 
Requirements for single-family dwellings. Residential containers for recyclable materials will be provided by the municipality.
(a) 
Containers. Glass, metal cans and plastic containers separated and placed curbside shall be in a manner facilitating the collector/hauler's collection of these materials enabling ready identification of the various materials.
(b) 
Newspaper and corrugated cardboard. Newspaper shall be securely tied in neat bundles less than 12 inches thick or placed in brown grocery bags facilitating handling and collection. Corrugated cardboard shall be flattened and securely tied in bundles or placed in suitable containers facilitating handling and collection. Corrugated cardboard and newspaper shall not be intermixed, bundled together or mixed with other recyclable materials such as paper.
(c) 
Other items. All persons who are generators of the following types of waste shall make appropriate arrangements for collection, transportation and disposal of these materials at their own expense: lead-acid batteries, major appliances, tires, large metal products, and used oil.
(2) 
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: first, providing two containers for each dwelling unit, with one container being for glass, metal cans and plastic containers, and the other container being for bundles of corrugated cardboard and newspapers; second, 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, used oil, lead acid batteries, yard waste or tires; 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. Additionally, owners of multifamily dwellings shall provide for the collection of recyclable materials separated from solid waste by tenants and delivery of the aforementioned recyclables to a material recycling facility.
(3) 
Requirements at commercial, retail, industrial, institutional and governmental facilities. The owners of commercial, retail, industrial, institutional and governmental facilities shall provide adequate, marked containers for separate handling and collection of recyclable materials, excluding lead acid batteries, tires, yard waste, 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 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.
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.
E. 
Deposit or cause to be deposited any nonrecyclable material in any container specifically intended for the collection or deposit of recyclable material.
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 municipality's authorized agent, or a private collector/hauler whom persons in the municipality have contracted to perform functions pursuant to the recycling plan provided in this article. Only persons authorized by the municipality 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.
Any person who violates any provisions of this article or any regulations promulgated pursuant to this article shall forfeit upon conviction thereof an amount as provided in § 1-3 of the Village Code.
The collector/hauler for the municipality is prohibited from landfilling any recyclable material that has been properly prepared for recycling and free from contaminants; and shall provide the municipality with receipts from the sale of recyclable materials on a quarterly basis.
The Village Board shall prepare regulations, standards and schedules as necessary to make effective all provisions of this article. Periodically, upon a schedule adopted by the municipality, the Village Clerk/Treasurer 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 mandatory source-separation recycling ordinance.