Village of Footville, WI
Rock County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Footville 3-3-1994 by Ord. No. 3-18-94. Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meaning 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:
A. 
Is designed for serving food or beverages.
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High-density polyethylene, labeled by the SPI code #2.
LDPE
Low-density polyethylene, labeled by the SPI code #4.
MAGAZINES
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, furnace, boiler, dehumidifier, water heater or stove. Microwave ovens from which the capacitor has been removed are not a "major appliance" and may be disposed of as a special material under § 259-24 of this chapter.
[Amended 12-1-1994 by Ord. No. 12-1-94]
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A 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. 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 § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate, labeled by the SPI code #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.
POSTCONSUMER 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.
PP
Polypropylene, labeled by the SPI code #5.
PS
Polystyrene, labeled by the SPI code #6.
PVC
Polyvinyl chloride, labeled by the SPI code #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; 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.
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, 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, multiple-family dwellings and nonresidential facilities and properties 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, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
N. 
Steel containers.
O. 
Waste tires.
The separation requirements of § 259-2 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 § 259-2 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 § 259-2E through O for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Administrative Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 259-2 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 with intact cases shall be placed alongside in the recycling bin.
B. 
Major appliances shall be placed at curbside, provided prior arrangement has been made between the occupant and the licensed recyclable hauler.
C. 
Waste oil shall be placed in a clean covered receptacle and placed alongside the recycling bin.
D. 
Yard waste shall be bagged and placed at curbside for pickup by Village employees.
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 § 259-2E through O:
A. 
Aluminum containers shall be placed in the recycling bin.
B. 
Bimetal containers shall be placed in the recycling bin.
C. 
Corrugated paper or other container board shall be placed alongside or under the recycling bin.
D. 
Foam polystyrene packaging shall be placed in the recycling bin.
E. 
Glass containers shall be placed in the recycling bin.
F. 
Magazines shall be, beginning on January 1, 1995, separated from newspaper and placed in the recycling bin.
G. 
Newspaper shall be placed in the recycling bin.
H. 
Office paper shall be, beginning on January 1, 1995, placed in the recycling bin.
I. 
Rigid plastic containers shall be prepared and collected as follows:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1) 
Plastic containers made of PETE and HDPE shall be placed in the recycling bin.
(2) 
Plastic containers made of PVC, LDPE, PP, PS and other resins or multiple resins shall be, beginning January 1, 1995, placed in the recycling bin.
J. 
Steel containers shall be placed in the recycling bin.
K. 
Waste tires shall be placed at curbside, provided prior arrangement has been made between the occupants and the licensed recyclable hauler.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 259-2E 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.
(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 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 postconsumer 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 § 259-2E through O from solid waste in as pure a form as is technically feasible.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 259-2E through O:
(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.
(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, 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 multiple-family dwellings if the postconsumer 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 § 259-2E through O 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 § 259-2E through O 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 Footville 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 Footville 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 Village of Footville 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.
C. 
Penalties for violating this chapter may be assessed as follows:
[Amended 9-15-2009 by Ord. No. 091509]
(1) 
Any person who violates § 259-9 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.
(2) 
Any person who violates § 259-12D shall be required to forfeit $500 for a first violation and $1,000 for a second or subsequent violation.
(3) 
Any person who violates a provision of this chapter, except § 259-9 or 259-12D, may be required to forfeit not less than $10 no more than $1,000 for each violation.
It shall be unlawful for any person, unless under contract with or licensed by the Village of Footville, to collect or remove any recyclable material that has been deposited or placed at the curb or in a container adjacent to a home or nonresidential building for the purposes of collection for recycling.
A. 
It shall be unlawful for any person to dispose of or dump solid waste, post-consumer waste, garbage, refuse or recyclable materials in any street, alley or other public place within the Village of Footville or in any receptacles or private property without the owner's consent unless it is placed in bags or containers in the manner and at the times specified by this chapter.
B. 
The owner of solid waste, post-consumer waste, garbage or refuse deposited or discharged in violation of this chapter shall be liable for a violation hereof as provided in this section. It shall be presumptive evidence that solid waste, waste, garbage or refuse containing indicia of ownership, such as name labels, mail containing names and addresses or other printed or written names that are consistent throughout is owned by the person or persons whose names are found therein.
C. 
No person shall place for collection any garbage at the curb not owned or occupied by such person.
D. 
The above subsections of this § 259-12 notwithstanding, it shall be unlawful for any person to deposit any material other than "yard waste" as defined in § 259-1, above, within the Village Compost Area located on Butts Road.
[Added 9-15-2009 by Ord. No. 091509]
It shall be unlawful for any person to place for disposal any of the following wastes: hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, medical wastes.
It shall be unlawful to bring refuse for disposal (and recyclables) from outside the corporate limits into the Village of Footville unless authorized by agreement with the Village of Footville.
A. 
Haulers may not dispose in a landfill or burn in a solid waste facility any recyclable materials generated in Village of Footville that have been separated for recycling.
B. 
Haulers shall not compact glass with paper during collection and transport of recyclables to a processing facility or market, and shall maintain materials in marketable condition.
The hauler has the right to reject or leave at the curb any recyclable material that is not prepared according to the specifications in this chapter or in education material provided by the contractor to the service recipients. Materials may also be left if not separated from solid waste, placed in the proper container, or are not designated recyclable materials for collection. The hauler also has the right to refuse to pick up any solid waste if it contains recyclable containers and material. In such cases, the hauler or attendant shall notify the generator of the materials about the reasons for rejecting either in writing or verbally. The hauler shall also keep a list of such occurrences and provide it to the Village of Footville on a monthly basis.
Haulers who collect solid waste or recyclables in the Village of Footville 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 of Footville.
The recycling haulers and processors operating in the Village of Footville are required to maintain records and report in writing to the Village Clerk at least twice each year. Reports shall include: the amount of solid waste and recyclables collected and transported from the Village of Footville, the amount of solid waste and recyclables processed and or marketed by item type from the Village of Footville, 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.
Recyclable materials and refuse, upon placement at the curb, shall become the property of the collector. Recyclable materials, upon collection by any permitted collector, shall become the property of the contractor.
The Village of Footville reserves the right to designate additional post-consumer waste 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.
The Village of Footville shall establish the time of collection of solid waste and recyclables and the Clerk shall publish and provide written notice of the collection schedule at least once at the beginning of each year and at anytime when the collection schedule is changed.
A. 
Solid waste shall be placed for collection in adequate garbage containers or disposable plastic bags not to exceed 50 pounds per container or 33 gallons and contained in a manner to avoid litter.
B. 
Recyclables shall be placed in the recyclable bins to be furnished by the collector contractor. If there is a greater amount of recyclables than can be contained in the designated bin, those excess materials can be placed on top of or adjacent to the recycling container, clearly separated from the garbage.
C. 
All solid waste and recyclables shall be placed as herein required at the specified collection point no sooner than 24 hours prior to the regularly scheduled collection time or be allowed to remain at the curb longer than 12 hours thereafter.
Except as otherwise specifically directed or authorized by the Village of Footville, solid waste and recycling containers 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 Footville.
[Amended 12-1-1994 by Ord. No. 12-1-94]
Residents shall contact the collector contractor when they have couches, bulky items, construction material from household remodeling or repair, and microwave ovens from which the capacitor has been removed and arrangements for collection will be made.
Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
The provisions of this chapter shall take effect on April 1, 1994.