[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:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
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.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
A property containing five or more residential units, including
those that are occupied seasonally.
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.
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.
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 Code No. 5.
Polystyrene labeled Code No. 6.
Polyvinyl chloride labeled 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, 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.[1]
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. Treatment includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard wastes.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines.
K.
Newspapers.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE/PVC, LDPE, PP, PS, and
other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
Unless otherwise directed by the Village of Denmark Village Board the separation requirements of § 249-9 do not apply to the following:
A.
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.
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 § 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:
A.
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.
B.
Major appliances shall be delivered at the owner's expense to authorized
scrap yards or the Brown County Landfill.
C.
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.
D.
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.
A.
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:
[Amended 6-4-2018 by Ord.
No. 2018-04]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
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:
(1)
Dead animals.
(2)
Feces.
(3)
Hazardous toxic wastes.
(4)
Explosives.
(5)
Contaminated material.
(6)
Heavy metal materials.
(7)
Lumber, trees, and brush.
(8)
Dirt.
(9)
Rocks.
(10)
Concrete blocks.
(11)
Tires.
(12)
Appliances.
(13)
Construction, remodeling or demolition waste.
(14)
Waste oil.
(15)
Lead acid batteries.
C.
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.
[Amended 6-4-2018 by Ord.
No. 2018-04]
D.
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.
E.
Burning. Burning shall be permitted only of clean wood.
[Amended 6-4-2018 by Ord.
No. 2018-04]
F.
Garbage from outside Village of Denmark. It shall be unlawful to
bring refuse for disposal and recyclables from outside the limits
of the Village of Denmark into the Village.
[Amended 6-4-2018 by Ord.
No. 2018-04]
G.
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.
H.
Right to reject materials. All solid waste collected by the Village designee shall be placed in approved containers 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.
[Amended 6-4-2018 by Ord.
No. 2018-04; 6-13-2022 by Ord. No. 2022-08]
I.
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.
J.
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.[1]
[Amended 6-4-2018 by Ord.
No. 2018-04]
[1]
Editor's Note: Original § 11.15(11), Ownership of
recyclables and refuse, which immediately followed this subsection,
was repealed 6-4-2018 by Ord. No. 2018-04.
K.
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.
L.
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.
[Amended 6-4-2018 by Ord.
No. 2018-04]
M.
Specified solid waste and recycling containers.
[Amended 6-4-2018 by Ord.
No. 2018-04; 6-13-2022 by Ord. No. 2022-08]
(1)
All solid waste and recyclables shall be placed in approved containers
and placed at the curb or roadside by 5:00 a.m. on the scheduled collection
day. Containers shall not be out for collection prior to 4:00 p.m.
on the day preceding collection. After collection, containers shall
be removed from the curb or roadside within 12 hours. Failure to comply
may result in the issuance of a citation.
(2)
The Village shall provide all single-family, duplex, triplex and
fourplex residential units with one ninety-six-gallon rollout solid
waste container and one ninety-six-gallon rollout recycling container.
(3)
All containers for the storage of solid waste and recycling shall
be maintained in such a manner as to prevent the creation of a nuisance
to public health and safety.
(4)
Any container deemed defective or otherwise inadequate by the Public
Works Director shall be replaced at the owner's expense within
one week's time following notification by the Village. Any defective
container not replaced subsequent to the notification shall result
in the issuance of a citation.
(5)
The containers shall remain with the residential unit, and any replacement
container must be purchased from the Village for a charge equal to
the Village's cost.
(6)
If there is a greater amount of solid waste or recyclables than can
be contained in the designated container, the resident will have the
option to buy another container from the Village and be charged the
monthly fee the Village contractor charges for pickup.
N.
Placement of recyclables and solid waste for collection.
[Amended 6-13-2022 by Ord. No. 2022-08]
(1)
Except as otherwise specifically directed or authorized by the Village
Board, solid waste and recycling containers shall be placed at the
curbline adjacent to the premises owned or occupied by the resident.
Materials shall be placed out for collection according to the scheduled
days established and published by the Village.
(2)
Containers must be separated by at least four feet from any object,
including other container(s) and any structure prohibiting automated
pickup.
(3)
Containers shall be placed with the handle facing the residence and
the opening facing the street or curb.
(4)
During winter months, garbage and/or collectible recyclables shall
be placed in the driveway apron or on an area adjacent to the curbline
which has been shoveled free of snow.
O.
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.
[Amended 6-4-2018 by Ord.
No. 2018-04]
P.
Storage and collection.
[Added 6-13-2022 by Ord.
No. 2022-08]
(1)
Owner-occupant storage responsibility. The owner and/or occupant
of a premises shall be responsible for proper and sanitary storage
of all solid waste and recyclables accumulated at the premises until
collection. All solid waste and recyclable materials shall be stored
in a manner which protects them from wind, rain, and other inclement
weather conditions.
(2)
Storage/location of collectible waste. No owner or occupant of any
building shall place or store any solid waste or recycling carts in
front of any building, or on any corner lot along the side of a building
facing the abutting street, except when done for lawful collection
in compliance with this Code. When between collections, solid waste
and recycling carts shall be placed in an area completely screened
from view at the public right-of-way.
(3)
Pickups shall not be made on residential private property unless
approved by the Public Works Director and confirmed that a hardship
exists due to physical disability. No collection shall be made on
nonresidential property.
(4)
Village property. All solid waste placed out for collection becomes
Village property upon being collected.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 249-9E through N:
(1)
Provide adequate, separate containers for 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.
(4)
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.
B.
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.
A.
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:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(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 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 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.
A.
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.
B.
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.
