[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:
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 by the SPI code #2.
Low-density polyethylene, labeled by the SPI code #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, 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]
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 #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 #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 #5.
Polystyrene, labeled by the SPI code #6.
Polyvinyl chloride, labeled by the SPI code #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. "Treatment" 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,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from postconsumer waste:
A.Â
Lead-acid batteries.
B.Â
Major appliances.
C.Â
Waste oil.
D.Â
Yard waste.
E.Â
Aluminum containers.
F.Â
Bimetal containers.
G.Â
Corrugated paper or other container board.
H.Â
Foam polystyrene packaging.
I.Â
Glass containers.
J.Â
Magazines.
K.Â
Newspaper.
L.Â
Office paper.
M.Â
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
N.Â
Steel containers.
O.Â
Waste tires.
The separation requirements of § 259-2 do not apply to the following:
A.Â
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.Â
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 § 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.Â
Lead-acid batteries with intact cases shall be placed alongside in
the recycling bin.
B.Â
Major appliances shall be placed at curbside, provided prior arrangement
has been made between the occupant and the licensed recyclable hauler.
C.Â
Waste oil shall be placed in a clean covered receptacle and placed
alongside the recycling bin.
D.Â
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.Â
Aluminum containers shall be placed in the recycling bin.
B.Â
Bimetal containers shall be placed in the recycling bin.
C.Â
Corrugated paper or other container board shall be placed alongside
or under the recycling bin.
D.Â
Foam polystyrene packaging shall be placed in the recycling bin.
E.Â
Glass containers shall be placed in the recycling bin.
F.Â
Magazines shall be, beginning on January 1, 1995, separated from
newspaper and placed in the recycling bin.
G.Â
Newspaper shall be placed in the recycling bin.
H.Â
Office paper shall be, beginning on January 1, 1995, placed in the
recycling bin.
I.Â
Rigid plastic containers shall be prepared and collected as follows:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
J.Â
Steel containers shall be placed in the recycling bin.
K.Â
Waste tires shall be placed at curbside, provided prior arrangement
has been made between the occupants and the licensed recyclable hauler.
A.Â
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)Â
Provide adequate, separate containers for the recyclable materials.
(2)Â
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(3)Â
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)Â
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.Â
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.Â
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)Â
Provide adequate, separate containers for the recyclable materials.
(2)Â
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(3)Â
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)Â
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.Â
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.Â
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.Â
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.Â
Penalties for violating this chapter may be assessed as follows:
[Amended 9-15-2009 by Ord. No. 091509]
(1)Â
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.
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.Â
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.Â
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.Â
No person shall place for collection any garbage at the curb not
owned or occupied by such person.
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.Â
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.Â
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.Â
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.Â
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.Â
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 24 hours thereafter.
[Amended 2-3-2022 by Ord. No. 2022-01]
D.Â
Items
to be set at the curb for the monthly bulk pickup may be placed at
the curb no sooner than five days prior to the scheduled bulk pickup
day. If items placed at the curb for bulk pickup are refused by the
hauler, they must be removed from the curb within three days following
the refusal.
[Added 2-3-2022 by Ord. No. 2022-01]
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.