[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as Title 8, Ch. 3, of the 1993 Code of Ordinances. Amendments
noted where applicable.]
The owners or occupants of each residence, residential unit,
place of business, industry or commerce or other place providing goods
or services of any type within the Village of Howards Grove shall
cooperate in the recycling of materials being discarded by performing
the acts set forth in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacturing of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, residential or commercial furnace, boiler, dehumidifier or
water heater.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper generally accepted as high grade. This
term does not include industrial process waste.
Plastic resins labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 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.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Includes lead acid batteries; major appliances; waste oil;
yard waste; aluminum containers; corrugated paper or other container
board; foam polystyrene packaging; glass containers; magazines; newspaper;
office paper; rigid plastic containers, including those made of PETE,
HDPE, PVC, LDPE, PP, PS and other resins or multiple resins; steel
containers; waste tires; and bimetal containers.
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste.
Includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
Occupants of single-family and two- to four-unit residences,
multifamily dwellings and nonresidential facilities, places of business,
industry or commerce, farms, and government facilities shall separate
the following materials from postconsumer waste:
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 (No. 1), HDPE (No. 2), PVC
(No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and other resins or
multiple resins (No. 7).
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 323-3 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 323-3 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel at a facility
if less than 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 323-3 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil and
yard waste as follows:
A.
Lead acid batteries shall be separated and placed upon the curb on
the day designated for collection or disposed of at any retail sales
establishment engaged in the business of selling batteries to consumers
(disposal fee may apply).
B.
Major appliances shall be separated and placed upon the curb on the
day designated for collection. Residents will be charged a pickup
fee for disposal of appliances containing Freon and should contact
the designated hauler for pickup.
C.
Waste oil shall be placed in gallon milk jugs and disposed of at
a proper facility for recycling.
D.
Yard waste shall be separated and disposed of at designated hauler's
yard waste recycling bin free of charge or may be properly composted
on the resident's property. Holiday decorations such as Christmas
wreaths, garlands and floral arrangements may be placed with refuse.
A.
Except as otherwise directed by the Village Board or its representatives, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 323-3E through O:
(1)
Aluminum containers shall be separated and rinsed free of product
residue, deposited in the approved recycling bag and placed upon the
curb on the day designated for collection. Examples include TV dinner
trays, foil wrap, pot pie pans, aluminum cans and siding.
(2)
Bimetal containers shall be separated and rinsed free of product
residue, deposited in the approved recycling bag and placed upon the
curb on the day designated for collection.
(3)
Corrugated paper or other container board shall be flattened and
tied in bundles, deposited in the approved recycling bag and placed
upon the curb on the day designated for collection.
(4)
Foam polystyrene packaging shall be boxed or bagged, deposited in
the approved recycling bag and placed upon the curb on the day designated
for collection.
(5)
Clear and colored glass shall be separated and rinsed free of product
residue; remove and discard the cover, lid or cap, deposit glass in
the approved recycling bag and place upon the curb on the day designated
for collection. Acceptable examples of containers include catsup,
barbecue sauce, salad dressing, pickle, jam, jelly, beer, liquor and
wine bottles. Nonacceptable materials include plate glass, ceramics,
clay items, light bulbs and broken glass.
(6)
Magazines and other material printed on similar paper shall be separated
and bundled or placed in a brown paper bag and placed upon the curb
on the day designated for collection.
(7)
Newspaper and other materials printed on newsprint or contained in
newspapers as inserts shall be separated and bundled or placed in
a brown paper bag and placed upon the curb on the day designated for
collection.
(8)
Office paper shall be separated and bundled or placed in a brown
paper bag and placed upon the curb on the day designated for collection.
Recycling of office paper is mandatory only for nonresidential facilities
and properties.
(9)
Rigid plastic containers shall be rinsed free of product residue,
caps removed and discarded, deposited in the approved recycling bag
and placed upon the curb on the day designated for collection and
include the following:
(a)
Plastic containers made of PETE, labeled with SPI Code No. 1.
(b)
Plastic containers made of HDPE, labeled with SPI Code No. 2.
(c)
Plastic containers made of PVC, labeled with SPI Code No. 3.
(d)
Plastic containers made of LDPE, labeled with SPI Code No. 4.
(e)
Plastic containers made of PP, labeled with SPI Code No. 5.
(f)
Plastic containers made of PS, labeled with SPI Code No. 6.
(g)
Plastic containers made of other resins or multiple resins,
labeled with SPI Code No. 7.
(10)
Steel containers shall be separated and rinsed free of product
residue, deposited in the approved recycling bag and placed upon the
curb on the day designated for collection.
(11)
Waste tires shall be separated and arrangements made with the
designated hauler for the disposal at property owner's expense.
B.
The Village
of Howards Grove reserves the right to change any of the methods of
preparing and collecting the materials in this section and shall provide
a written notice to its residents of such changes.
Owners or designated agents of residential rental units of single-family and two-to-four-unit residences shall do all of the following to recycle the materials specified in § 323-3E through O:
A.
Provide adequate, separate containers for the recyclable materials.
B.
Give written notice to all tenants, users and occupants at the time
of renting or leasing and at least semiannually thereafter about the
established recycling program. Such notice may be incorporated into
a written lease or may be given by separate written notice, with acknowledgment
by the tenant as to date of receipt thereof, which acknowledgment
shall be maintained on file by the unit owner during the duration
of such leased occupancy.
C.
Notify tenants, users and occupants of reasons to reduce or recycle,
which materials are collected, how to prepare recyclable materials
in order to meet the processing requirements, collection methods and
a contact person, including name, address and phone number.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 323-3E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program. Such notice may be incorporated into a written lease or may
be given by separate written notice, with acknowledgment by the tenant
as to date of receipt thereof, which acknowledgment shall be maintained
on file by the unit owner during the duration of such leased occupancy.
(3)
Provide for the collection of the materials separated from the solid
waste by the tenants and placement curbside on the designated pickup
day.
(4)
Notify users, tenants and occupants of reasons to reduce and recycle,
which materials are collected, how to prepare materials in order to
meet the processing requirements, collection methods, and a contact
person or company, including a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the multiple-family dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 323-3E through O from solid waste in as pure a form as is technically feasible.[1]
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 323-3E through O:
(1)
A person owning or occupying a new building or a building that is
remodeled or expanded by 50% or more in floor area shall provide a
designated area for separation, temporary storage and collection of
solid waste and recyclables either within or adjacent to the building.
(2)
Provide adequate, separate containers for the recyclable materials.
(4)
Provide for the collection of materials separated from solid waste
by the tenants and delivery of the materials to a recycling facility.
(5)
Notify users, tenants and occupants of reasons to reduce and recycle,
which materials are collected, how to prepare materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the post consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 323-3E through O from solid waste in as pure a form as is technically feasible.
B.
No person or corporation shall engage in the business of hauling
recyclables within the Village of Howards Grove limits without being
licensed by the Department of Natural Resources under § NR
502.06, Wis. Adm. Code.
C.
Haulers who collect solid waste or recyclables in the Village of
Howards Grove for storage, treatment, processing, marketing, or disposal
shall obtain and maintain all necessary municipal and state permits,
licenses, and approvals prior to collecting any materials in the Village.
D.
Recycling haulers and processors operating in the Village of Howards
Grove are required to maintain records and report in writing to the
Village Clerk-Treasurer on or by December 31 each year. Reports shall
include the amount of solid waste and recyclables collected and transported
from the Village; the amount of solid waste and recyclables processed
and or marketed by item type from the Village; and the final disposal
location of solid waste and recyclable material. Failure to report
shall be cause for the municipality to revoke any license or sever
any contract with the hauler/processor.
E.
Any hauling contractor operating in the Village of Howards Grove
shall not transport for processing any recyclables to a processing
facility unless that facility has been approved by the Village and
by January 1, 1995, the facility has self-certified with the Department
of Natural Resources under § NR 544.16, Wis. Adm. Code.
A.
Ownership of recyclable materials. Recyclable materials, upon placement
at the curb or collection site, shall become the property of the designated
hauler. It shall be unlawful for any person, firm, or corporation
to remove, carry away, or disturb recyclable materials from the collection
locations other than the Village's designated recycling contractor.
It shall be a violation of this chapter for any person unauthorized
by the Village to collect or pick up or cause to be collected or picked
up any recyclable materials that are placed for disposal by the Village
or by an authorized private entity. Any and each such unauthorized
collection or scavenging of recyclable materials in violation hereof
shall constitute a separate and distinct offense punishable as provided
herein.[1]
B.
Alteration of recyclable materials. It shall be unlawful to intentionally
alter recyclable materials so as to render them as nonrecyclable material.
All other materials are hereby designated as nonrecyclable and
shall be disposed of as follows:
A.
Residential waste collection. All waste shall be drained of water,
securely wrapped, and placed in clear plastic bags of not more than
33 gallons in size and of a weight that can be handled by one man.
Such bags shall be of sufficient strength so as to be water and rodent
proof, and so as to prevent spillage, odor or disturbance of contents
by animals. Any bag that shall be punctured, torn, leaking, damaged,
or without proper fastener shall be deemed inadequate and not in compliance
with this section.
B.
Commercial and industrial waste collection.
(1)
All containers used for commercial collection shall have a capacity
of not more than 33 gallons or shall be mechanically emptied dumpsters,
or other approved containers. All prohibited and recyclable materials
shall be excluded from commercial waste.
(2)
Any commercial waste generator who shall generate greater than two cubic yards of waste in any week, on the average, shall be considered as an industrial waste generator and shall dispose of such wastes as provided in Subsection B(3).
(3)
Industrial waste shall not be collected or disposed of by the collector at the expense of the Village. Suitable periodic collection of not less frequently than monthly shall be provided by and at the cost of each industrial waste generator. All industrial wastes generated in the Village shall be subject to the provisions of § 323-1.
(4)
Each commercial and industrial waste generator shall comply with
§ 289.53(3)(c), Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
(a)
The owner or designated agent of a commercial or industrial
waste generator shall give written notice to all users and occupants,
and to all lessees at the time of renting or leasing, and semiannually
thereafter, that such mandatory recycling compliance is required and
shall provide suitable facilities, including separate containers,
for the separation of recyclable materials and collection by a waste
hauler for disposal. Such notice may be incorporated into a written
lease or may be given by separate written notice, with acknowledgment
by the user, occupant, or tenant as to date of receipt thereof, which
acknowledgment shall be maintained on file by the unit owner during
the duration of such lease.
(b)
The owner or designated agent of a commercial or industrial
waste generator shall notify users, occupants and tenants of reasons
to reduce or recycle solid waste, which materials are collected, how
to prepare recyclable materials in order to meet the processing requirements,
collection methods and a contact person, including name, address and
phone number.
C.
Placement for collection. All waste shall be accessible to collection
crews. Waste in approved containers shall be placed immediately behind
the curb of the public street for collection not sooner than 6:00
p.m. the day before designated pickup. Bags and/or containers not
picked up by private hauler must be removed from curbside by 7:00
a.m. the day following designated pickup. During winter months, waste
shall not be placed on top of snow banks, nor in the roadway. The
owner shall either shovel out an area behind the curb in which to
place wastes to be collected or shall place such wastes in his/her
driveway.
D.
Special collections. Any residential or commercial waste generator
who shall generate in excess of two cubic yards of rubbish in a week
and who does not fall within the definition of an industrial waste
generator as defined herein shall request special collection of such
waste from the collector and shall make payment to such collector
as a condition of the removal and disposal of such wastes.
E.
Refusal of service. The collector may refuse to furnish collection
service to any person not complying with the provisions of this chapter
and any rules and regulations established by the Village Board for
the collection of waste and the separation of recyclable materials
and the use of approved containers.
A.
Undrained food wastes. It shall be unlawful to place any garbage
or other food waste in a container for collection unless it is first
drained.
B.
Improper placement. It shall be unlawful to place or allow to be
placed any solid waste upon the roads, streets, or public or private
property within the Village contrary to the provisions of this chapter.
C.
Compliance with chapter. It shall be unlawful to store, collect,
transport, transfer, recover, incinerate or dispose of any solid waste
within the boundaries of the Village contrary to the provisions of
this chapter.
D.
Interference with authorized collector. No person other than an authorized
collector or Village official shall collect or interfere with any
garbage 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 an authorized
garbage or solid waste collector in the discharge of his duties.
E.
Scavenging. It shall be unlawful for any person to scavenge any solid
waste placed for collection.
F.
Private dumps. It shall be unlawful for any person to use or operate
a dump.
G.
Burning of waste. It shall be unlawful for any person to burn solid
waste in any manner, except as may be provided elsewhere in this Code
of Ordinances.
H.
Prohibited noncollectible materials. It shall be unlawful for any
person to place for collection any of the following wastes:
(1)
Hazardous wastes.
(2)
Toxic wastes.
(3)
Chemicals.
(4)
Explosives or ammunition.
(5)
Flammable liquids.
(6)
Inoperable vehicles.
(7)
Rocks or concrete.
(8)
Asbestos products or wastes.
(9)
Solvents, thinners or lead-based paints.
(11)
Building or demolition wastes.
(12)
Human wastes.
(13)
Pathogenic or infectious hospital wastes.[2]
[2]
Editor's Note: Original Sec. 8-3-14(h)15, Yard wastes (grass clippings, leaves, brush and garden waste, of the 1993 Code of Ordinances and which immediately followed this subsection was amended by deletion in part and relocation in part to § 323-6D at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(14)
Construction debris. Includes, but is not limited to, shingles,
siding, concrete, and wood cutoffs, stone, rubber, earth, sod, tree
stumps or trunks.
I.
It shall be unlawful to bring recycling materials or wastes into
the Village from outside the corporate limits of the Village of Howards
Grove.
A.
The Village of Howards Grove 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 collection services provided by the Village
or its contractors. The Village shall provide written notice to its
service recipients of this declaration.
B.
For the purpose of ascertaining compliance with the provisions of
this chapter, any authorized officer, employee or representative of
the Village of Howards Grove may inspect recyclable materials separated
for recycling, postconsumer waste intended for disposal, recycling
collection sites and facilities, collection vehicles, collection areas
of multiple-family 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 Howards Grove who requests access
for purposes of inspection and who presents appropriate credentials.
No person may obstruct, hamper, or interfere with such an inspection.
C.
Any person who violates a provision of this chapter may be issued
a citation by the Village official designated to collect forfeitures.
The issuance of a citation shall not preclude proceeding under any
other ordinance or law relating to the same or any other matter. 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.
