[HISTORY: Adopted by the Village Board of the Village of Denmark as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-6-1998 by Ord. No. 98-11 as § 11.09 of the 1998 Code]
This article shall be known as the "Recycling Ordinance for the Village of Denmark, Brown County, Wisconsin."
The purpose of this article is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided is § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, and to regulate the collection and disposal of solid waste in the Village of Denmark.
This article is adopted as authorized under §§ 287.09(3)(b) and 61.34, Wis. Stats.
It is not 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. However, whenever this article imposes greater restrictions, the provisions of this article shall apply.
In their interpretation and application, 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 any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this article is required by Wisconsin Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where the article provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544, Wis. Adm. Code, standards in effect on the date of the adoption of this article, or in effect on the date of the most recent text amendment to this article.
The requirements of this article apply to all persons within the Village of Denmark, Brown County, Wisconsin.
The provisions of this article shall be administered by the Village Board of the Village of Denmark, Brown County, Wisconsin.
For the purpose of this article, the following terms shall have the meanings indicated:
- BIMETAL CONTAINER
- A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
- CONTAINER BOARD
- Corrugated paperboard used in the manufacture of shipping containers and related products.
- FOAM POLYSTYRENE PACKAGING
- Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
- High-density polyethylene labeled Code No. 2.
- Low-density polyethylene labeled Code No. 4.
- Magazines and other materials printed on similar paper.
- MAJOR APPLIANCE
- A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
- MULTIPLE-FAMILY DWELLING
- A property containing five or more residential units, including those that are occupied seasonally.
- Newspaper and other materials printed on newsprint.
- NONRESIDENTIAL FACILITIES AND PROPERTIES
- Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
- OFFICE PAPER
- High-grade printing and writing papers from offices in nonresidential facilities and properties.
- OTHER RESINS or MULTIPLE RESINS
- Plastic resins labeled Code No. 7.
- Includes any individual, corporation, partnership, association, local government unit as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
- Polyethylene terephthalate labeled Code No. 1.
- PLASTIC CONTAINER
- 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.
- POST-CONSUMER WASTE
- Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste as defined in § 289.01(17), Wis. Stats.
- Polypropylene labeled Code No. 5.
- Polystyrene labeled Code No. 6.
- Polyvinyl chloride labeled Code No. 3.
- RECYCLABLE MATERIALS
- Includes lead acid batteries, major appliances, waste oil, yard waste, aluminum containers, corrugated paper or other container board, foam polystyrene packaging, glass containers, magazines, newspapers, 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.
- SOLID WASTE
- Has the meaning specified in § 289.01(33), Wis. Stats.
- SOLID WASTE FACILITY
- Has the meaning specified in § 289.01(35), Wis. Stats.
- SOLID WASTE TREATMENT
- Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. Treatment includes incineration.
- WASTE TIRE
- A tire that is no longer suitable for its original purpose because of wear, damage or defect.
- YARD WASTE
- Leaves, grass clippings, and yard and garden debris, including woody vegetative matter 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, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste unless otherwise directed by the Village of Denmark Village Board:
Lead acid batteries.
Corrugated paper or other container board.
Foam polystyrene packaging.
Rigid plastic containers made of PETE, HDPE/PVC, LDPE, PP, PS, and other resins or multiple resins.
Unless otherwise directed by the Village of Denmark Village Board the separation requirements of § 249-9 do not apply to the following:
Occupants of single-family and two-unit 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 materials specified in § 249-9 from solid waste in as pure a form as is technically feasible.
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 § 249-9 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, snow 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 unless otherwise directed by the Village of Denmark Village Board:
Lead acid batteries shall be returned to the retailer or scrap yards which may charge a fee for the collection of batteries. Fees are to be paid by the owner of the battery.
Major appliances shall be delivered at the owner's expense to authorized scrap yards or the Brown County Landfill.
Waste oil shall not be disposed of by placing it with refuse for regular collection or by pouring it on the ground, in ditches or waterways. Any person wishing to dispose of waste oil shall deliver it to authorized recycling sites.
Yard waste, including grass, leaves, garden debris and shrubbery cuttings, shall not be disposed of by placing it with rubbish. All yard waste shall be recycled on the site where it was produced.
Except as otherwise indicated by the Village of Denmark Village Board, occupants of single-family and two-unit to four-unit residences shall do the following for the preparation and mandatory recycling of the separated materials specified in § 249-9E through N. Specific instructions for each recyclable follow:
Mixed corrugated paper, newspapers, magazines and office waste shall be clean and dry, free of food residue or restroom wastes. Tissue products (toilet tissue or facial tissue) and wax-coated paper shall not be included. Remove plastic or wax liners from corrugated boxes. Flatten all boxes to save space. All materials should be bundled or contained so as to prevent littering. Mixed papers can be placed in bags, boxes or bundles.
Glass bottles and jars. Remove foil caps, lids, rings, and foil labels and place them in rubbish. Paper labels can stay on. Rinse the bottles and jars to remove food residue. Remove any metal, rubber or wood parts.
Plastic containers. Identify the recycling code on the bottom of each container. Unless otherwise directed by the Village Board of the Village of Denmark, rigid plastic containers made of PETE, HDPE/PVC, LDPE, PP, PS, and other resins or multiple resins are accepted. Remove caps, rings, pumps, lids, and detachable handles and place in rubbish. Rinse the containers to remove any residue. Paper labels can remain on the container. Flatten the containers to save space.
Aluminum and tin or steel cans. Remove paper labels and any non-metal parts and place in rubbish. Rinse can to remove residue. Flatten all cans.
The Village of Denmark prohibits, unless specifically exempted by this article or by order of the Village Board of the Village of Denmark, certain waste from being placed in any type solid waste containers or receptacles in the Village of Denmark for any solid waste removal and for any later disposal, storage, treatment or recycling, namely:
Hazardous toxic wastes.
Heavy metal materials.
Lumber, trees, and brush.
Construction, remodeling or demolition waste.
Lead acid batteries.
Antiscavenging or unlawful removal of receptacle. It shall be unlawful for any person unless under contract with the Village of Denmark to collect or remove any recyclable material that has been deposited or placed in a container adjacent to a home or nonresidential building for the purpose of collecting for recycling.
No dumping. It shall be unlawful for any person to dispose of or dump garbage in any street, alley or public place within the Village of Denmark or to dispose of any garbage in any receptacle on private property.
Hauler restrictions. Haulers may not dispose of in a landfill any recyclable materials generated in the Village of Denmark that have been separated for recycling. Haulers shall not mix glass, metals and plastics with paper during collection and transport and shall maintain materials in a marketable condition.
Right to reject materials. All solid waste collected by the Village designee shall be placed in bags for pickup. The Village or Village designee has the right to reject or leave at the premises any solid waste if it contains recyclable materials or materials prohibited in § 249-13B. In such cases, the Village or Village designee shall provide written notice to the generator of the materials about the reasons for rejecting the materials.
Hauler licensing. Haulers who collect solid waste or recyclables in the Village of Denmark shall obtain necessary municipal and state permits, licenses and approvals prior to collecting any materials in the Village of Denmark.
Reporting requirements. The haulers operating in the Village of Denmark are required to maintain records and provide an annual report to the Village Clerk, unless otherwise determined by the Village Clerk. The reports shall include the amount of solid waste and recyclables collected, the dates of the collections, and the final disposal location of solid waste, commingled recyclables and paper products. Failure to report shall be cause for the Village of Denmark to sever any contract with the hauler.
Exemptions. The Village Board of the Village of Denmark 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 municipality or its contractors. The municipality shall provide written notice to its service recipients of this declaration.
Collection schedule. The Village of Denmark shall establish the time of collection of solid waste. The Clerk shall publish and post the written notice of the collection schedule at least once each year and at any time when the collection schedule is changed.
Solid waste shall be placed in bags for pick up.
Recyclables shall be placed in the designated bins.
All solid waste for collection by the Village designee shall be placed as herein required at the collection point no sooner than 24 hours prior to the regularly scheduled collection time and shall be allowed to remain at the curb no longer than 12 hours thereafter.
Placement of solid waste for collection. Except as otherwise specifically directed or authorized by the Village Board of the Village of Denmark, solid waste shall be placed at the curbline, or mailbox adjacent to the premises owned or occupied by the person, of the street designated in the published collection schedule for collection. Materials shall be placed out for collection according to the scheduled days established and published by the Village of Denmark.
Special materials. Residents shall contact the hauler when they have couches and bulky items and arrangements for collection will be made. Construction material from household remodeling or repair shall be the responsibility of the owner. Special containers are available from the hauler for a fee. Landfill charges are to be paid for by the owner.
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 249-9E through N:
Provide adequate, separate containers for recyclable materials.
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the 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.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 249-9E through N from solid waste in as pure a form as is technically feasible.
Owners or designate agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 249-9E through N:
Provide adequate, separate containers for the recyclable materials.
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
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.
The requirements specified in Subsection A above 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 § 249-9E through N from solid waste in as pure a form as is technically feasible.
Any authorized officer, employee or representative of the Village of Denmark, Brown County, Wisconsin, may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities, for the purpose of ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the Village of Denmark, Brown County, Wisconsin, who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
Any person who violates a provision of this article may be issued a citation by the Village of Denmark to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinances or law relating to the same or any other matter. Proceeding under any other ordinances or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
Penalties for violating this article may be assessed as follows:
Any person who violates § 249-16 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.