Village of Monticello, WI
Green County
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Table of Contents
Table of Contents
It is the purpose of this chapter to promote 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, by the Village of Monticello in order to protect and promote the public health, safety and welfare.
This chapter is adopted as authorized under § 287.09(3)(b), Wis. Stats.
It is not intended by this chapter 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 chapter imposes greater restrictions, the provisions of this chapter shall apply.
In their interpretation and application, the provisions of this chapter 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 chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply.
Where a provision of this chapter is required by Wisconsin Statutes, or by a Standard in Ch. NR 544, Wis. Adm. Code, and where the Chapter provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544 standards in effect on the date of the adoption of this chapter, or in effect on the date of the most recent text amendment to this chapter.
The requirements of this chapter apply to all persons within the boundaries of the Village of Monticello.
The provisions of this chapter shall be administered by the Village Board of the Village of Monticello.
(a) 
For the purpose of this chapter the following words and phrases shall have the meanings ascribed to them in this section:
BI-METAL 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:
(1) 
Is designed for serving food or beverages.
(2) 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
(3) 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High density polyethylene plastic containers marked by the SPI Code No. 2.
JUNK MAIL
Any paper glossy, semi-glossy, or regular including advertising window envelopes.
LDPE
Low density polyethylene plastic containers marked by the SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, oven, microwave oven (from which the capacitor has been removed), refrigerator, stove, furnace, boiler, dehumidifier, or water heater.
MULTIPLE FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPERS
Includes newspapers and other material printed on newsprint.
NON-RESIDENTIAL 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 non-residential 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.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI Code #7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0901, Wis. Stats., state agency or authority, or federal agency.
PETE
Polyethylene terephthalate plastic containers marked by the SPI 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, waste from construction and demolition of structures, scrap automobiles or high-volume industrial waste.
PP
Polypropylene, labeled by the SPI Code #5.
PS
Polystyrene plastic containers marked by the SPI Code No. 6.
PVC (V)
Polyvinyl chloride plastic containers marked by the SPI Code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries, major appliances, waste oil, yard waste, aluminum containers, corrugated paper or other container board, from 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, bi-metal containers and e-waste.
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
As given in § 289.01(39) and means 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, 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.
(a) 
Separation required. Occupants of single family and two to four unit residences, multiple family dwellings and non-residential facilities and properties shall separate the following materials from post-consumer waste:
(1) 
Lead acid batteries.
(2) 
Major appliances.
(3) 
Waste oil.
(4) 
Yard waste.
(5) 
Aluminum cans.
(6) 
Bi-metal containers.
(7) 
Corrugated paper or other container board.
(8) 
Foam polystyrene packaging.
(9) 
Container glass.
(10) 
Magazines.
(11) 
Newspapers.
(12) 
Office paper.
(13) 
Junk mail.
(14) 
Rigid plastic containers made of #1 PETE, #2 HDPE, #3 PVC, #4 LDPE, #5 PP, #6 PS, and other resins #7, or multiple resins when state mandated.
(15) 
Steel containers.
(16) 
Waste tires.
(17) 
E-Waste (Ref. § 8-3-3(j) and § 8-3-7(k)(10)). Collection of: (Ref. § 8-3-10)
(b) 
Changes in requirements. The Village of Monticello 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 of Monticello shall provide written notice to service recipients of this declaration.
The separation requirements of § 8-5-8 do not apply to the following:
(a) 
Occupants of single family and two to four unit residences, multiple- family dwellings and non-residential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 8-5-8 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.
(c) 
A recyclable material specified in § 8-5-8 for which a variance has been granted by the Department of Natural Resources under § 287.11(2)(m), Wis. Stats., or NR 544.14, Wisconsin Administrative Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 8-5-8 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 brought to the Village of Monticello Recycling Center.
(b) 
Major appliances shall be picked up only on cleanup days, spring and fall, after removal of motors, compressors, capacitators, and freon, which must be removed by a licensed technician, and then brought to recycling with a certified freon removal slip.
(c) 
Waste oil shall be brought to the Village of Monticello Recycling Center. Yard waste shall be brought to the Village of Monticello Recycling Center.
(a) 
Except as otherwise directed by the Village Board, occupants of single family and two to four unit residences shall do the following for the preparation and collection of separated materials specified in § 8-5-8(a)(5)-(15):
(1) 
Aluminum containers shall be rinsed and flattened.
(2) 
Bi-metal containers shall be rinsed, labels removed, flattened.
(3) 
Corrugated paper or other container board shall be flattened and bundled.
(4) 
Foam polystyrene packaging shall be rinsed if necessary.
(5) 
Glass containers shall be washed with lids removed and separated by color.
(6) 
Magazines shall be separated from newspapers and bundled.
(7) 
Newspaper shall be bundled. Telephone directories can be included with covers removed.
(8) 
Office paper shall be kept separate from newspaper.
(9) 
Junk mail shall be kept separate from newspaper and office paper.
(10) 
Rigid plastic containers shall be prepared and collected as follows:
a. 
Plastic containers made of PETE shall be rinsed and flattened if possible and caps removed.
b. 
Plastic containers made of HDPE shall be rinsed and flattened if possible.
c. 
Plastic containers made of PVC, No. 3, shall be collected when mandated by state and market becomes available.
d. 
Plastic containers made of LDPE, No. 4, shall be collected when mandated by state and market becomes available.
e. 
Plastic containers made of PP, No. 5, shall be collected when mandated by state and market becomes available.
f. 
Plastic containers made of PS, No. 6, shall be collected when mandated by state and market becomes available.
g. 
Plastic containers made of other resins or multiple resins, No. 7, shall be collected when mandated by state and market becomes available.
(11) 
Steel containers shall be rinsed, labels removed, flattened.
(12) 
Waste tires shall be taken directly to a landfill where a per tire fee is charged.
(13) 
E-Waste shall be taken directly to a landfill where a per pound fee will be charged.
(b) 
The Village or its authorized collector has the right to reject any recyclable material that is not prepared according to the specifications of Subsection (a) above, or in educational materials provided by the contractor or the Village to the service recipients. Materials may also be rejected if not separated from solid waste, placed properly for deposit, or are not designated recyclable materials for deposit.
(a) 
Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in § 8-5-8(a)(5)-(15):
(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 semi-annually thereafter about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(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) do not apply to the owners or designated agents of non-residential 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 § 8-5-8(a)(5)-(15) from solid waste in as pure a form as is technically feasible.
(a) 
Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in § 8-5-8(a)(5)-(15):
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify in writing, at least semi-annually, all users, tenants and occupants of the properties about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
(4) 
Notify users, tenants and occupants 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 § 8-5-8(a)(5)-(15) from solid waste in as pure a form as is technically feasible.
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 § 8-5-8(a)(5)-(15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
(a) 
For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the Village of Monticello may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and non-residential 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 Monticello 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 chapter may be issued a citation by the Monticello Police Department 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 ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this Subsection.
(c) 
Penalties for violating this chapter may be assessed as follows:
(1) 
Any person who violates § 8-5-15 may be required to forfeit per Village Code § 1-1-7 $25 to $1,000 for a first violation, $50 to $1,000 for a second violation and continued penalties per this Code of Ordinances.
(2) 
Any person who violates a provision of this chapter, except § 8-5-15 may be required to pay a forfeiture per Village Code § 1-1-7 for each violation.