[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-2020 by Ord. No. 1-2020]
Editor's Note: This ordinance also superseded former Art. I, Recycling, adopted 2-16-1994 by Ord. No. 1-1994, as amended.
This article shall be cited as "Adams County Solid Waste and Recycling: Waste Reduction, Material Recovery and Recycling Ordinance" and hereinafter referred to as this article.
This article is enacted pursuant to Chs. 287, 289 and 59, Wis. Stats., and Chs. NR 544 and NR 429, Wis. Adm. Code.
The purpose of this article is to:
Promote reduction, reuse, recycling, composting, and resource recovery through the administration of an effective recycling program as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, and to in part fulfill Adams County's obligation under the County/Municipal Recycling Agreement.
Promote and protect public health, environment, safety and general welfare.
Ensure proper municipal solid waste management to protect the environment and the health of the residents of Adams County.
It is 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.
The provisions of this article shall be 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 the article provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code, standards in effect at the time of interpretation.
Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected.
Adams County designated as responsible unit.
This article shall be in effect and be enforced in those Adams County municipalities in which the local unit of government has, pursuant to § 287.09(1), Wis. Stats., designated Adams County as the responsible unit. Application shall include, but not be limited to:
All persons within the responsible unit.
All land within the responsible unit.
All haulers or persons conducting business within the responsible unit.
All persons who own, lease, or occupy residential, multifamily and nonresidential properties within the responsible unit.
All persons holding special events or managing public places within the responsible unit.
Any activity that generates municipal solid waste within the responsible unit.
The following municipalities, by resolution, have designated Adams County as the responsible unit:
No unit of government having designated Adams County as the responsible unit shall be required to adopt or enforce a recycling ordinance prescribed in § NR 544.06, Wis. Adm. Code.
Municipalities retaining responsible unit status. This article shall not apply or be enforced in those municipalities of Adams County that retain their own responsible unit designation and authority or have designated another governmental unit as their responsible unit.
The provisions of this article shall be administered by the Adams County Solid Waste and Recycling Department as directed by the Adams County Solid Waste Committee and the Adams County Board.
The provisions of this article shall take effect after publication upon adoption by the Adams County Board.
Purpose. For the purpose of administering and enforcing this article, the terms or words used herein shall be interpreted as follows:
Words used in the present tense include the future, in the singular include the plural, and in the plural include the singular.
The word "shall" is mandatory, not permissive.
All definitions that refer to Wisconsin Statutes shall incorporate any revisions or amendments to statutory language.
All definitions other than those referenced below shall be as the normal definition found in a standard dictionary.
- ALUMINUM CONTAINERS
- Empty aluminum food and beverage cans and bottles.
- BIMETAL CONTAINERS
- See "steel and tin containers."
- BOXBOARD (or NONCORRUGATED CONTAINERBOARD)
- Paperboard used in the manufacture of boxes and related products, such as dry food boxes, shoe boxes, tissue boxes, cereal boxes, laundry detergent boxes, and other like containers.
- CARDBOARD (or CORRUGATED CONTAINERBOARD)
- Heavy duty kraft paper packaging material consisting of a corrugated medium between two related products.
- CLEAN WOOD
- Natural wood that has not been painted, varnished, or coated with a similar material, has not been pressure treated with preservatives, and does not contain resins or glues as in plywood or other composite wood products.
- CONFIDENTIAL PAPERS
- Papers of a personal nature such as hospital and doctor statements, credit card applications and monthly statements detailing purchases, telephone bills, outdated vehicle registrations, legal correspondence, bank statements with account numbers, outdated insurance policies, investment statements, retirement information, and any other papers that an individual would not want out of their control.
- CONSTRUCTION AND DEMOLITION MATERIALS
- Waste resulting from the construction or demolition of buildings, roads, and other man-made structures, including but not limited to materials such as concrete, brick, bituminous, shingles, treated and untreated wood, masonry, glass, rock, and plastic building parts.
- The County of Adams, a State of Wisconsin quasi-municipal corporation, or any department or representative that is authorized by this article to represent the County in the administration or enforcement of this article.
- CURBSIDE COLLECTION
- A system for collecting and transporting municipal solid waste and/or recyclable materials for processing and marketing by a hauler.
- ELECTRONIC DEVICES
- Those devices identified in § 287.07(5), Wis. Stats., that are prohibited from land disposal and incineration and includes items defined in § 287.17(1), Wis. Stats., such as computers, laptops, printers, copiers, scanners, fax machines, televisions, computer monitors, keyboards, mice, central processing units (CPUs), other computer peripherals, video cassette recorders (VCRs), digital video devices (DVDs), compact disc (CD) players, other video players, cell phones, and phones with video display.
- GLASS CONTAINERS
- Empty glass bottles and jars having contained a food or beverage. This term does not include window glass, drinking glasses, Pyrex or similar heat-resistant glassware, light bulbs, mirrors, ceramics, or other noncontainer glass.
- Any person, partnership, corporation, or other public or private entity that provides for the collection and transportation of solid waste and/or recyclables.
- JUNK MAIL
- Unsolicited, unwanted mail usually in the form of advertisements or requests for monetary contributions.
- A licensed land disposal facility for solid waste.
- LEAD-ACID BATTERY
- An automotive or related battery that is comprised of lead plates with an acid electrolyte.
- Any municipal solid waste deposited or discharged on any property, roadway, right-of-way, waterway, or in the municipal solid waste containers belonging to others except in containers appropriately labeled for public use.
- Periodicals made from paper which has a shiny appearance and other materials printed on similar paper. This term does not include phonebooks or periodicals printed on newsprint paper.
- MAJOR APPLIANCES
- All air conditioners, clothes dryers, clothes washers, dehumidifiers, dishwashers, freezers, microwave ovens, conventional ovens, ranges, refrigerators, stoves, furnaces, boilers, hot water heaters, and other similar devices.
- MATERIAL RECOVERY FACILITY
- A facility that processes recyclable materials for reuse or recycling as part of a responsible unit's program. For the purposes of this article, "material recovery facility" shall also be known as a "recycling facility" or a "processing facility."
- MEMBER MUNICIPALITY
- A city, village, or town in the County responsible unit subject to § 287.09(1)(c), Wis. Stats.
- MIXED PAPER
- A mixture of newspaper, magazines, office paper, junk mail and boxboard.
- A property containing five or more residential units, including those that are occupied seasonally.
- MUNICIPAL SOLID WASTE
- Residential, multifamily and nonresidential trash, garbage, refuse, and recyclable materials. This term does include construction and demolition material, but does not include domestic wastewater sludge, animal waste, or any process waste that is the direct or indirect result of the manufacturing of a product.
- MUNICIPALLY AND/OR COUNTY-PROVIDED COLLECTION PROGRAM
- A collection program for recyclables that has been implemented by a member municipality or the County through direct service or coordinated through contract with a second party.
- A publication printed on newsprint.
- A property that is not residential or multifamily. This term includes, but is not limited to, commercial, retail, industrial, institutional and governmental properties.
- OFFICE PAPER
- High-grade printing, copying, and writing papers, as well as, envelopes and mail. This term does not include industrial process waste.
- Any human being; municipality or other governmental or political subdivision or other public agency; public or private corporation, business, partnership, firm, association or other organization; receiver, trustee, assignee, agent or other legal representative of any of the foregoing; or other legal entity.
- PLASTIC CONTAINER
- A 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, and includes the following Society of Plastic Industry (SPI) codes:
- (1) Plastic No. 1: Polyethylene terephthalate (PETE).
- (2) Plastic No. 2: High-density polyethylene (HDPE).
- (3) Plastic No. 3: Polyvinyl chloride (PVC).
- (4) Plastic No. 4: Low-density polyethylene (LDPE).
- (5) Plastic No. 5: Polypropylene (PP).
- (6) Plastic No. 6: Polystyrene (PS).
- (7) Plastic No. 7: Other or multiple plastic resins.
- PRIVATELY OWNED RECYCLABLES COLLECTION CENTER
- A for-profit or nonprofit business venture which accepts one or more recyclable material(s) from residential, multifamily, and nonresidential sectors of the community.
- PROCESSING FACILITY
- See "material recovery facility."
- PUBLIC PLACE
- Facilities or properties open for public use or occupation, whether permanently or temporarily, and whether owned or occupied by governmental entities or private persons.
- RECYCLABLE MATERIALS
- All materials currently banned from landfills or incineration under Wisconsin Statutes, including aluminum containers, boxboard, cardboard, glass containers, magazines, newspaper, office paper, plastic containers Nos. 1 and 2, steel and tin containers, electronic devices, lead-acid batteries, major appliances, used motor oil, used oil filters, used oil-absorbent materials, waste tires, and yard waste. For the purposes of this article, junk mail is included as a recyclable material in the Adams County responsible unit area.
- RECYCLING FACILITY
- See "material recovery facility."
- A property containing single-family or two to four dwelling units, including those that are occupied seasonally.
- RESPONSIBLE UNIT
- The County and all municipalities in the County that have not retained responsible unit status under § 287.09(1), Wis. Stats., as well as those municipalities that have retained responsible unit status for themselves, but have contracted with the County to fulfill their duties as a responsible unit.
- The uncontrolled and unauthorized removal of materials at any point in municipal solid waste management.
- SOLID WASTE
- Refers to any garbage or refuse generated by any person, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, and any other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities. This term does not include solids or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Ch. 283, Wis. Stats., or source material, as defined in § 254.31(10), Wis. Stats., special nuclear material, as defined in § 254.31(11), Wis. Stats., or by-product material, as defined in § 254.31(1), Wis. Stats.
- SOLID WASTE DISPOSAL FACILITY
- A licensed facility which is the final resting place for solid waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste.
- SPECIAL EVENTS
- Entertainment, educational, musical, school-related, family, religious, and cultural events involving the assembly of people.
- STEEL AND TIN CONTAINERS
- Empty bimetal, tin, or steel food, beverage, aerosol, and other general purpose cans.
- Any person's putrescible or nonputrescible waste or discarded material. This term is synonymous with "garbage" and includes food waste.
- UNTREATED/UNPAINTED WOOD
- See "clean wood."
- USED MOTOR OIL
- Any oil refined from crude oil or synthetic oil that becomes contaminated during use, including but not limited to engine oil, gear oil, lubricating oil, hydraulic oil, cutting oil, tempering and quenching oils and transmission fluid.
- USED OIL FILTERS
- A filter that has been used for automotive engine oil, as defined in § 287.15(1)(a) and (e), Wis. Stats.
- USED OIL-ABSORBENT MATERIALS
- Materials that have been used to absorb used motor oil.
- WASTE TIRE
- A tire that is no longer suitable for its original purpose because of wear, damage or defect as defined in § 289.55(1)(c), Wis. Stats.
- YARD WASTE
- Leaves, grass clippings, yard and garden debris, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, root systems or shrubs with intact root balls.
Occupants of residential, multifamily, and nonresidential properties shall separate the following materials from municipal solid waste for recycling and/or beneficial reuse:
Boxboard (noncorrugated containerboard).
Cardboard (corrugated containerboard).
Plastic bottles Nos. 1 and 2.
Steel and tin containers (includes bimetal).
Used motor oil.
Used oil-absorbent materials.
Used oil filters.
Recyclable materials shall be clean and kept free of contaminates such as food or product residue, oil, solvents or grease, or other nonrecyclable material, including but not limited to hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner that protects them from wind, rain, and other inclement weather conditions, insects, rodents, and animals.
All persons transporting recyclable materials and/or solid waste within Adams County for the purpose of delivery to a collection, processing, or disposal facility are required to:
Occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall manage lead-acid batteries, major appliances, used oil, filters and absorbents, and yard materials as follows:
Lead-acid batteries shall be transported by the generator to a facility licensed to accept these materials. No person shall place lead-acid batteries at the curb or roadside for collection.
Major appliances shall be transported by the generator to a facility licensed to accept these materials.
Waste tires shall be transported by the generator to a facility licensed to accept these materials.
Used oil, oil filters and absorbents shall be transported by the generator to a facility licensed to accept these materials.
Yard materials shall be composted or transported by the generator to a facility licensed to accept these materials.
Except as otherwise directed by the Adams County Solid Waste Department, Committee or designee, occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall do the following for the preparation and collection of the separated materials specified in § 306-11A(5) through (15):
Aluminum containers shall be rinsed and placed loosely in a designated receptacle at an established dropoff or curbside.
Bimetal containers shall be rinsed and placed loosely in a designated receptacle at an established dropoff or curbside.
Steel containers shall be rinsed and placed loosely in a designated receptacle at an established dropoff or curbside.
Corrugated paper or other container board shall be free of debris, flattened, secured on windy days and placed in a designated receptacle at an established dropoff or curbside. No bags or ties.
Foam polystyrene packaging shall be disposed of in the landfill until such time that markets become available and/or landfill variance is removed.
Food and beverage glass containers shall be rinsed with caps removed. Glass containers shall be placed loosely in a designated receptacle at an established dropoff or curbside.
Magazines shall be free of debris, secured on windy days and placed in a designated receptacle at an established dropoff or curbside. No bags or ties.
Newspaper shall be free of debris, secured on windy days and placed in a designated receptacle at an established dropoff or curbside. No bags or ties.
Office paper shall be free of debris, secured on windy days and placed in a designated receptacle at an established dropoff or curbside. No bags or ties.
Rigid plastic containers shall be prepared and collected as follows:
Plastic containers made of PETE, including narrow-necked bottles, shall be rinsed and caps replaced to the bottle. PETE bottles shall be placed loosely in a designated receptacle at an established dropoff or curbside. Wide-mouth PETE containers, including clamshell and thermoform packaging, shall be disposed of in the landfill until such time that markets become available and/or landfill variance is removed.
Plastic containers made of HDPE, including narrow-necked bottles and jugs, shall be rinsed and caps replaced to the bottle/jug. HDPE bottles and jugs shall be placed loosely in a designated receptacle at an established dropoff or curbside.
Plastic containers made of PVC, including piping and construction materials, shall be disposed of in the landfill until such time that markets become available and/or landfill variance is removed.
Plastic containers made of LDPE, including plastic film, wrap and bags, shall be disposed of in the landfill until such time that markets become available and/or landfill variance is removed.
Plastic containers made of PP, including dairy containers, deli containers and their lids, shall be rinsed and placed loosely in a designated receptacle at an established dropoff or curbside.
Plastic containers made of PS, including rigid cups and foam containers, shall be disposed of in the landfill until such time that markets become available and/or landfill variance is removed.
Plastic containers made of other resins or multiple resins, including plastic tubes, computer shells, toys, etc., shall be disposed of in the landfill until such time that markets become available and/or landfill variance is removed.
The Solid Waste Committee reserves the right to designate additional solid waste materials as recyclable or currently collected materials as no longer recyclable in accordance with state law and to either add or delete them from any municipally and/or County-provided collection program. The County shall provide written notice of this declaration to all applicable parties.
Any collection program or private operation that accepts these materials for recycling, beneficial reuse or proper treatment and disposal shall meet all applicable local, state, and federal regulations.
Occupants of residential properties shall be responsible to properly manage these recyclable materials as per the guidelines set forth. The guidelines shall be in accordance with all state laws governing recycling and proper disposal of these materials.
No person shall place lead-acid batteries or used motor oil at the curb or roadside for collection. These materials must be transported by the generator to a facility licensed to accept these materials.
Occupants of residential properties that are served under a municipal and/or County-provided collection program for recyclables shall follow the recycling guidelines published by the Adams County Solid Waste and Recycling Department.
The owners of all multifamily and nonresidential properties or their designated agent(s) shall do all the following:
Ensure that the users know where the recyclables are to be placed.
Notify, in writing, at the time of renting or leasing the property and at least semiannually thereafter, all users, tenants, employees, and occupants of the properties about the recycling program that has been established. The information shall include, at a minimum:
Reasons to reduce and recycle municipal solid waste.
A list of recyclable materials that shall be separated from municipal solid waste.
How recyclable materials are to be prepared for collection.
Location of collection containers.
Contact information for any questions, including name, address, and phone number.
Comply with all other applicable provisions of this article.
All special events at public places and all organizers and sponsors of and owners of the property where said events are held shall provide an adequate number of containers for recyclable materials generated at the event, ensure that the users know where the recyclables are to be placed, and provide for collection and delivery of recyclable materials to a self-certified material recovery facility either directly or through a hauler.
Scavenging. It shall be unlawful for any person, unless under contract with and/or licensed by the County or municipality or under agreement with an individual generator, to collect or remove any recyclable material which has been placed appropriately for collection.
Improper disposal of recyclable materials. 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 § 306-11A(1) through (18) which have been separated for recycling, except waste tires which may be burned with energy recovery in a licensed solid waste treatment facility.
No person shall burn garbage, trash, recyclable materials, or any other solid waste material, except for confidential papers, yard waste and clean wood that has not been painted, stained, sealed or treated and are in compliance with § 306-19C(2) below.
Restrictions on the burning of confidential papers, yard waste, and clean wood.
Unless prohibited by local regulation, small amounts of residential-generated confidential papers, yard waste, and clean wood may be burned, provided the following standards are met:
Materials must be burned on the same residential property it is generated from.
Persons wishing to burn must properly notify and receive approval, including any necessary permits, from the local governing municipality and/or fire department.
Burning of said confidential papers, yard waste and clean wood must be conducted in a safe manner and comply with all applicable state, County and local laws, ordinances, regulations and other restrictions.
The burning of confidential papers and yard waste generated from multifamily and nonresidential properties is prohibited.
The burning of clean wood generated from multifamily and nonresidential properties is prohibited unless a DNR license is obtained for a "wood-burning facility" as defined in § NR 502.11, Wis. Adm. Code.
Exemptions. In compliance with § NR 429.04, Wis. Adm. Code, the following activities are allowed, provided burning is conducted in a safe manner and complies with all applicable state, County and local laws, ordinances, regulations and other restrictions:
Burning of trees, limbs, stumps, brush or weeds as a result of agricultural or silvicultural activities, if the burning is conducted on the property where the waste is generated.
Burning of trees, limbs, stumps, brush or weeds as a result of clearing or maintenance of highway, railroad or utility rights-of-way and other land-clearing operations, if the burning is conducted on the property where the waste is generated.
Fires set for practice and instruction of fire fighters, or testing of firefighting equipment.
Outdoor fires for cooking, ceremonies, or recreation.
Recyclable materials specified in § 306-11A(1) though (18) generated by occupants of residential properties and deposited at County dropoff centers or collected through other municipal and/or County-provided collection programs shall become the property of Adams County.
Collection and management.
Haulers shall not co-collect (place together in the same compartment) solid waste and recyclable materials, and shall ensure that no separated recyclables are contaminated with trash during transport as required under § NR 544.05(1)(a), Wis. Adm. Code, and applicable County and local permits and licenses.
Haulers may not engage in the collection, transportation, processing or disposal of solid waste within the County unless the recyclable materials in accordance with this article have been segregated. It is the responsibility of the hauler to inform the Adams County Solid Waste and Recycling Department of residential, multifamily, and nonresidential properties that are not segregating recyclable materials from solid waste.
Haulers are prohibited from curbside collection of lead-acid batteries and used motor oil.
Haulers providing collection services for recyclable materials as specified in § 306-11A(12), (15), (17) and (18) shall comply with all applicable local, County, state, and federal rules and regulations regarding transportation, with delivery to facilities that are properly permitted and/or licensed to accept and process these materials.
The notice shall describe the contaminated materials that were found and how to prepare recyclable materials for collection.
Solid waste and recyclables while in transport shall be covered and secured to prevent littering.
Haulers may not dispose in a landfill or burn in a solid waste facility any recyclable materials generated in Adams County that have been separated for recycling, except waste tires may be burned with energy recovery in a licensed solid waste treatment facility, as specified in § 287.07(1m) through (4), Wis. Stats.
Notification to customers.
Upon the initial provision of municipal solid waste collection services to new customers and annually thereafter, the hauler shall notify its customers of their need to comply with the provisions set forth in this article. At a minimum, the notice shall include:
Reasons to reduce and recycle municipal solid wastes.
A list of recyclable materials, as identified in § 306-11A, that shall be separated from municipal solid waste.
How recyclable materials are to be prepared to meet processing requirements.
Location and hours of operation of dropoff locations for recyclable materials not collected on site.
Contact person, including name, address, and phone number.
For a multifamily or nonresidential account, a notice may be sent to the account representative, provided that the notice shall inform the account's representative of their obligation to notify all individual customers or users of the recycling services that are available.
On or before February 15 of each year, the hauler shall deliver to the Adams County Solid Waste Department a copy of the notification sent to each customer type, i.e., residential, multifamily, and nonresidential, during the previous year.
The Solid Waste Committee reserves the right to establish a fee schedule if it is determined to defer costs of recycling, composting and resource recovery systems.
Inspection for compliance.
To determine whether a person subject to the provisions of this article is in compliance therewith, any authorized officer or representative of the Adams County Solid Committee, Adams County Solid Waste and Recycling representative or law enforcement officer within Adams County, subject to the provisions in § 306-20.3A(2), (3) and (4) reserves the right to inspect the following:
Before engaging in any such inspection, the County's representative shall seek permission from the owner/occupant or authorized agent thereof for access to inspect.
The County's representative shall present to the owner/occupant or their authorized agent appropriate credentials.
If an occupant/owner or their authorized agent declines access to the County's representative, an application for a special inspection warrant under § 66.0119, Wis. Stats., may be made.
If violations are identified, enforcement procedures shall commence.
Haulers operating within the responsible unit area shall allow duly authorized representatives of the County to inspect containers containing municipal solid waste or recyclables for purposes of ascertaining compliance with this article at any time prior to the deposit of the contents of those containers into their vehicles for transportation to an appropriate disposal, recycling or reuse facility.
Any authorized officer or representative of the Adams County Solid Waste Committee or law enforcement officer within Adams County may institute any appropriate action or proceeding against violators of this article as provided by law or this article, including issuing citations. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
The following procedures shall generally be used, in the order listed, to address violations of this article:
Issue a written notice of violation that specifies the nature of the violation and the corrective action to be taken.
Issue a citation, pursuant to § 66.0113, Wis. Stats., or consult with legal counsel regarding potential civil litigation in conjunction with citation enforcement or in lieu thereof for forfeitures, monetary damages or injunctive relief.
The Adams County Department of Solid Waste and Recycling Director is not mandated to follow the order of possible action if, in his/her discretion, a situation requires different action.
Any person violating the provisions of this article or any regulation promulgated hereunder shall be required to forfeit up to $200 for a first violation and up to $500 for the second violation and any subsequent violations, plus court costs, fees, and/or be subject to injunctive relief.
Each day a violation exists is a separate violation.
The remedies provided herein shall not be exclusive of other remedies.
Extraordinary fees, which may also include the cost of obtaining professional work or opinions, including, but not limited to, engineers, hydrogeologists or public health professionals, shall be charged to the person adjudicated for violation of this article.
As a substitute for and in addition to forfeiture or injunction, the County may commence civil actions for damages to recoup any and all costs of cleanup, together with the enforcement costs and fees (including attorney fees) incurred in the removal of the municipal solid waste or litter in accordance with this article.
[Adopted 10-12-2010 by Ord. No. 15-2010]
The purpose and intent of this article is to develop and implement a comprehensive policy and program for the Adams County Landfill regarding management and delivery of solid waste generated within the County and to promote reduction, recycling, reusing, composting and resource recovery through administration of an effective recycling program, as provided in Chs. 287 and 289, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
Further, as Adams County is the responsible unit of government for recycling in Adams County pursuant to Resolution No. 78-1990, it will comply with all responsibilities as the responsible unit under 1989 Wisconsin Act 335 and Ch. NR 544, Effective Recycling Programs, Wis. Adm. Code, to assure that recycling is being separated from garbage and properly recycled.
As used in this article, the following terms shall have the meanings indicated:
- ADAMS COUNTY LANDFILL (also means Adams County Resource Recovery Facility)
- An Adams County facility operating under the supervision and direction of the Adams County Solid Waste Committee.
- ADAMS COUNTY LANDFILL, LANDFILL SITE or SITE
- The area so designated on the map attached hereto and incorporated herein as Appendix A.
- Adams County Solid Waste Committee or Adams County Board of Supervisors.
- EFFECTIVE RECYCLING PROGRAM
- Meeting the required components described in Ch. NR 544, Wis. Adm. Code.
- A person whose business is, in part or in whole, to collect solid waste or recyclables from generators which they produce for purposes of transportation of, and disposal at, solid waste disposal or recycling facilities.
- All towns, villages and cities within the County subject to the County's responsible unit status and the duties and powers stated in § 287.09, Wis. Stats., which direct solid waste and recyclables produced within their boundaries into the County solid waste management system.
- The Adams County Solid Waste Committee or its department head designee or DNR certified landfill manager.
- PERMITTED HAULER
- Any private hauler and/or commercial hauler, or County resident, or non-County resident who has been permitted by Adams County to haul garbage, refuse, trash and/or recyclable materials in Adams County.
- Any individual and further includes partnerships, associations and local government units.
- RECYCLABLE MATERIALS
- Materials listed in § 287.07(1m) to (5), Wis. Stats., as amended.
- Has the meaning specified in § 287.01(8), Wis. Stats.
- RESPONSIBLE UNIT
- Has the meaning specified in § 287.01(9), Wis. Stats.
- SOLID WASTE
- Had the meaning specified in § 289.01(33), Wis. Stats.
- SOLID WASTE MANAGEMENT
- Planning, organizing, financing, and implementing programs to effect the storage, collection, transporting, processing, recycling or final disposal of solid wastes in a sanitary, nuisance-free manner, as specified in §§ 287.01(13) and 289.01(36), Wis. Stats.
- WASTE REDUCTION
- Decreasing the quantity of waste materials or products generated as specified in § NR 544.03(41), Wis. Adm. Code.
Sections 287.01 and 289.01, Wis. Stats., and § NR 544.03, Wis. Adm. Code, shall govern regarding additional definitions not specifically stated herein.
No person other than authorized County personnel or an authorized permitted and licensed private hauler or County-permitted private citizen may deposit materials at the County landfill site, including recyclables at the designated portion of the County landfill site.
No person shall collect and haul any solid waste or recyclable materials, as defined by § NR 544.03(33) and (39m), Wis. Adm. Code, and § 289.01(33), Wis. Stats., in Adams County without a solid waste hauling permit issued by Adams County.
Application for the County permit shall be in the form adopted by the Adams County Solid Waste Committee with the rules, regulations, and conditions stated therein, together with such subsequent rules, regulations, and conditions as may be hereafter approved by said Committee.
Editor's Note: The current hauling permit application form is on file with the County Clerk.
The Adams County Solid Waste Committee may adopt rules and regulations for issuance of citations for a violation of the permit terms and may also adopt regulations for the operation of the landfill.
All haulers must abide by the notification of recycling requirements for waste haulers under § NR 502.06(4)(eg), Wis. Adm. Code (Publication WA425-2005).
The landfill site shall be operated on the days, and during the hours, as designated and published by the Adams County Solid Waste Committee.
Any permitted hauler authorized by the County to haul and dispose of garbage, trash, refuse and/or recyclable materials at the landfill site shall do so during operational hours and shall deposit said materials at the landfill site as directed by the operator.
Routes of travel.
All permitted private and/or commercial haulers, and County residents, who collect from private residences and businesses in the County, contracted with the County (or one of its municipalities), shall deliver garbage, trash, refuse, and/or recyclable materials to the County landfill site and shall do so only over the designated route established by agreement between Adams County and the Town of Strongs Prairie. Said route is attached hereto and incorporated herein as Appendix B. If customers (private residences or businesses) are within the boundaries of Strongs Prairie, every attempt shall be made to go directly to the nearest County or state road for transport to the County Landfill.
Editor's Note: Appendix B is included as an attachment to this chapter.
All permitted private haulers delivering garbage and refuse to the County landfill site, collected from outside of the Town of Strongs Prairie, shall also be directed to use the above-designated routes in traveling to and from the landfill site.
Covered vehicles required. No person shall transport any garbage, trash, or recyclable materials to the County landfill site unless such garbage, trash, refuse, or recyclable materials are fully and securely covered and/or fully enclosed in the vehicle used to transport such waste materials in accordance with § NR 502.06(4)(d), Wis. Adm. Code: "Vehicles or containers used for the collection and transportation of solid waste shall be loaded and moved in such a manner that the contents do not fall, spill or leak. Covers shall be provided to prevent littering and spillage. If spillage does occur, the operator shall immediately return spilled materials to the vehicle and shall properly clean the spill area. In the event of a spill of a hazardous substance the department shall be notified under s. 292.11, Stats., and the spill material shall be collected and the environment restored as provided in ch. NR 158. Note: Chapter NR 158 has been repealed."
The collection and disposal of all garbage, trash, refuse, and recyclable materials shall be the responsibility of, and conducted under the supervision, directions, and control of, Adams County in strict conformity with the provisions of this article and with such additional rules and regulations as may be adopted from time to time by the Adams County Solid Waste Committee.
All permitted private and/or commercial haulers, County residents, and persons shall comply with all approved County ordinances and County landfill policies and procedures, including but not limited to: clear bag requirement, mobile home/asbestos inspection policy, boat disposal policy, fire prevention policy, no smoking policy, mandatory hauler recycling education and compliance, hazardous waste inspections, Adams County Recycling Ordinance, etc.
Adoption of citation procedure.
Section 66.0113, Wis. Stats., incorporated by reference. To expedite the resolution of ordinance violations, the County Board of Adams County hereby adopts the procedure authorized by § 66.0113, Wis. Stats., to enforce this article. Section 66.0113, Wis. Stats., is hereby adopted and incorporated by reference as if set forth in full herein. Any future amendments, revisions or modifications thereto, including imposition of mandatory court costs, are hereby adopted and incorporated herein and are made part of this article.
Relationship to other laws. The adoption and authorization for use of a citation under this section does not preclude the governing body from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section does not preclude proceeding under any other ordinance or law relating to the same or any other matter.
Form of citation. The County hereby adopts the citation form specified at § 66.0113(1)(b), Wis. Stats., or any other form permitted by Wisconsin law.
Issuance of citations. Any law enforcement official authorized by Adams County, the Solid Waste Director, or his designee may issue citations pursuant to § 66.0113(2), Wis. Stats., for enforcement of any violations under this article.
Jurisdiction conferred. The citation shall have the legal effect specified in § 66.0113, Wis. Stats., and a duly issued citation shall confer subject matter jurisdiction upon the Circuit Court for the County of Adams, for the purpose of receiving payment of forfeiture, court costs and penalties.
Forfeiture, court costs, penalties and enforcement.
Forfeitures. All citations for violation of this article shall be referred to Adams County Corporation Counsel for expeditious prosecution. Any person or entity who or which violates or neglects to comply with any provision of this article or any regulation promulgated pursuant thereto shall, upon conviction thereof, be punishable by a fine not less than $250 nor more than $1,500 per violation, plus court costs pursuant to the schedule then in effect, payable to the Adams County Clerk of Circuit Court.
Schedule of cash deposit and penalty assessment. Forfeitures for violation of this article shall be assessed in a calendar year commencing January 1 and ending December 31 of a given year as follows:
Enforcement. Corporation Counsel may seek such orders and writs as may be required for enforcement of this article, including but not limited to the provisions contained in Chapter 66 (Municipalities) and Chapter 755 (Municipal Court) of the Wisconsin Statutes.
This article does not supersede any applicable federal or state statutes or regulations that are more restrictive.
Regulations for the operation of the landfill adopted by the Adams County Solid Waste Committee shall take effect when published or at such later date as determined by the Committee.