[HISTORY: Adopted by the Board of Supervisors of Adams County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-2020 by Ord. No. 1-2020[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Recycling, adopted 2-16-1994 by Ord. No. 1-1994, as amended.
This article shall be cited as "Adams County Solid Waste and
Recycling: Waste Reduction, Material Recovery and Recycling Ordinance"
and hereinafter referred to as this article.
A.
This article is enacted pursuant to Chs. 287, 289 and 59, Wis. Stats.,
and Chs. NR 544 and NR 429, Wis. Adm. Code.
The purpose of this article is to:
A.
Promote reduction, reuse, 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,
and to in part fulfill Adams County's obligation under the County/Municipal
Recycling Agreement.
B.
Promote and protect public health, environment, safety and general
welfare.
C.
Ensure proper municipal solid waste management to protect the environment
and the health of the residents of Adams County.
It is 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.
A.
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.
B.
Where the article provision is unclear, the provision shall be interpreted
in light of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code,
standards in effect at the time of interpretation.
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
A.
Adams County designated as responsible unit.
(1)
This article shall be in effect and be enforced in those Adams County
municipalities in which the local unit of government has, pursuant
to § 287.09(1), Wis. Stats., designated Adams County as
the responsible unit. Application shall include, but not be limited
to:
(a)
All persons within the responsible unit.
(b)
All land within the responsible unit.
(c)
All haulers or persons conducting business within the responsible
unit.
(d)
All persons who own, lease, or occupy residential, multifamily
and nonresidential properties within the responsible unit.
(e)
All persons holding special events or managing public places
within the responsible unit.
(f)
Any activity that generates municipal solid waste within the
responsible unit.
(2)
The following municipalities, by resolution, have designated Adams
County as the responsible unit:
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Town of Adams
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Town of Big Flats
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Town of Dell Prairie
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Town of Easton
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Town of Jackson
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Town of Leola
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Town of Lincoln
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Town of Monroe
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Town of New Chester
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Town of New Haven
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Town of Preston
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Town of Quincy
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Town of Richfield
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Town of Rome
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Town of Springville
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Town of Strongs Prairie
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Village of Friendship
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(3)
No unit of government having designated Adams County as the responsible
unit shall be required to adopt or enforce a recycling ordinance prescribed
in § NR 544.06, Wis. Adm. Code.
B.
Municipalities retaining responsible unit status. This article shall
not apply or be enforced in those municipalities of Adams County that
retain their own responsible unit designation and authority or have
designated another governmental unit as their responsible unit.
The provisions of this article shall be administered by the
Adams County Solid Waste and Recycling Department as directed by the
Adams County Solid Waste Committee and the Adams County Board.
The provisions of this article shall take effect after publication
upon adoption by the Adams County Board.
A.
Purpose. For the purpose of administering and enforcing this article,
the terms or words used herein shall be interpreted as follows:
(1)
Words used in the present tense include the future, in the singular
include the plural, and in the plural include the singular.
(2)
The word "shall" is mandatory, not permissive.
(3)
All definitions that refer to Wisconsin Statutes shall incorporate
any revisions or amendments to statutory language.
(4)
All definitions other than those referenced below shall be as the
normal definition found in a standard dictionary.
B.
ALUMINUM CONTAINERS
BIMETAL CONTAINERS
BOXBOARD (or NONCORRUGATED CONTAINERBOARD)
CARDBOARD (or CORRUGATED CONTAINERBOARD)
CLEAN WOOD
CONFIDENTIAL PAPERS
CONSTRUCTION AND DEMOLITION MATERIALS
COUNTY
CURBSIDE COLLECTION
ELECTRONIC DEVICES
GLASS CONTAINERS
HAULER
JUNK MAIL
LANDFILL
LEAD-ACID BATTERY
LITTER
MAGAZINES
MAJOR APPLIANCES
MATERIAL RECOVERY FACILITY
MEMBER MUNICIPALITY
MIXED PAPER
MULTIFAMILY
MUNICIPAL SOLID WASTE
MUNICIPALLY AND/OR COUNTY-PROVIDED COLLECTION PROGRAM
NEWSPAPER
NONRESIDENTIAL
OFFICE PAPER
PERSON
PLASTIC CONTAINER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PRIVATELY OWNED RECYCLABLES COLLECTION CENTER
PROCESSING FACILITY
PUBLIC PLACE
RECYCLABLE MATERIALS
RECYCLING FACILITY
RESIDENTIAL
RESPONSIBLE UNIT
SCAVENGING
SOLID WASTE
SOLID WASTE DISPOSAL FACILITY
SPECIAL EVENTS
STEEL AND TIN CONTAINERS
TRASH
UNTREATED/UNPAINTED WOOD
USED MOTOR OIL
USED OIL FILTERS
USED OIL-ABSORBENT MATERIALS
WASTE TIRE
YARD WASTE
Definitions.
Empty aluminum food and beverage cans and bottles.
See "steel and tin containers."
Paperboard used in the manufacture of boxes and related products,
such as dry food boxes, shoe boxes, tissue boxes, cereal boxes, laundry
detergent boxes, and other like containers.
Heavy duty kraft paper packaging material consisting of a
corrugated medium between two related products.
Natural wood that has not been painted, varnished, or coated
with a similar material, has not been pressure treated with preservatives,
and does not contain resins or glues as in plywood or other composite
wood products.
Papers of a personal nature such as hospital and doctor statements,
credit card applications and monthly statements detailing purchases,
telephone bills, outdated vehicle registrations, legal correspondence,
bank statements with account numbers, outdated insurance policies,
investment statements, retirement information, and any other papers
that an individual would not want out of their control.
Waste resulting from the construction or demolition of buildings,
roads, and other man-made structures, including but not limited to
materials such as concrete, brick, bituminous, shingles, treated and
untreated wood, masonry, glass, rock, and plastic building parts.
The County of Adams, a State of Wisconsin quasi-municipal
corporation, or any department or representative that is authorized
by this article to represent the County in the administration or enforcement
of this article.
A system for collecting and transporting municipal solid
waste and/or recyclable materials for processing and marketing by
a hauler.
Those devices identified in § 287.07(5), Wis. Stats.,
that are prohibited from land disposal and incineration and includes
items defined in § 287.17(1), Wis. Stats., such as computers,
laptops, printers, copiers, scanners, fax machines, televisions, computer
monitors, keyboards, mice, central processing units (CPUs), other
computer peripherals, video cassette recorders (VCRs), digital video
devices (DVDs), compact disc (CD) players, other video players, cell
phones, and phones with video display.
Empty glass bottles and jars having contained a food or beverage.
This term does not include window glass, drinking glasses, Pyrex or
similar heat-resistant glassware, light bulbs, mirrors, ceramics,
or other noncontainer glass.
Any person, partnership, corporation, or other public or
private entity that provides for the collection and transportation
of solid waste and/or recyclables.
Unsolicited, unwanted mail usually in the form of advertisements
or requests for monetary contributions.
A licensed land disposal facility for solid waste.
An automotive or related battery that is comprised of lead
plates with an acid electrolyte.
Any municipal solid waste deposited or discharged on any
property, roadway, right-of-way, waterway, or in the municipal solid
waste containers belonging to others except in containers appropriately
labeled for public use.
Periodicals made from paper which has a shiny appearance
and other materials printed on similar paper. This term does not include
phonebooks or periodicals printed on newsprint paper.
All air conditioners, clothes dryers, clothes washers, dehumidifiers,
dishwashers, freezers, microwave ovens, conventional ovens, ranges,
refrigerators, stoves, furnaces, boilers, hot water heaters, and other
similar devices.
A facility that processes recyclable materials for reuse
or recycling as part of a responsible unit's program. For the purposes
of this article, "material recovery facility" shall also be known
as a "recycling facility" or a "processing facility."
A city, village, or town in the County responsible unit subject
to § 287.09(1)(c), Wis. Stats.
A mixture of newspaper, magazines, office paper, junk mail
and boxboard.
A property containing five or more residential units, including
those that are occupied seasonally.
Residential, multifamily and nonresidential trash, garbage,
refuse, and recyclable materials. This term does include construction
and demolition material, but does not include domestic wastewater
sludge, animal waste, or any process waste that is the direct or indirect
result of the manufacturing of a product.
A collection program for recyclables that has been implemented
by a member municipality or the County through direct service or coordinated
through contract with a second party.
A publication printed on newsprint.
A property that is not residential or multifamily. This term
includes, but is not limited to, commercial, retail, industrial, institutional
and governmental properties.
High-grade printing, copying, and writing papers, as well
as, envelopes and mail. This term does not include industrial process
waste.
Any human being; municipality or other governmental or political
subdivision or other public agency; public or private corporation,
business, partnership, firm, association or other organization; receiver,
trustee, assignee, agent or other legal representative of any of the
foregoing; or other legal entity.
A 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, and includes the following Society of
Plastic Industry (SPI) codes:
Plastic No. 1: Polyethylene terephthalate (PETE).
Plastic No. 2: High-density polyethylene (HDPE).
Plastic No. 3: Polyvinyl chloride (PVC).
Plastic No. 4: Low-density polyethylene (LDPE).
Plastic No. 5: Polypropylene (PP).
Plastic No. 6: Polystyrene (PS).
Plastic No. 7: Other or multiple plastic resins.
A for-profit or nonprofit business venture which accepts
one or more recyclable material(s) from residential, multifamily,
and nonresidential sectors of the community.
See "material recovery facility."
Facilities or properties open for public use or occupation,
whether permanently or temporarily, and whether owned or occupied
by governmental entities or private persons.
All materials currently banned from landfills or incineration
under Wisconsin Statutes, including aluminum containers, boxboard,
cardboard, glass containers, magazines, newspaper, office paper, plastic
containers Nos. 1 and 2, steel and tin containers, electronic devices,
lead-acid batteries, major appliances, used motor oil, used oil filters,
used oil-absorbent materials, waste tires, and yard waste. For the
purposes of this article, junk mail is included as a recyclable material
in the Adams County responsible unit area.
See "material recovery facility."
A property containing single-family or two to four dwelling
units, including those that are occupied seasonally.
The County and all municipalities in the County that have
not retained responsible unit status under § 287.09(1),
Wis. Stats., as well as those municipalities that have retained responsible
unit status for themselves, but have contracted with the County to
fulfill their duties as a responsible unit.
The uncontrolled and unauthorized removal of materials at
any point in municipal solid waste management.
Refers to any garbage or refuse generated by any person,
sludge from a waste treatment plant, water supply treatment plant
or air pollution control facility, and any other discarded or salvageable
materials, including solid, liquid, semisolid, or contained gaseous
materials resulting from industrial, commercial, mining and agricultural
operations, and from community activities. This term does not include
solids or dissolved materials in domestic sewage, or solid or dissolved
materials in irrigation return flows or industrial discharges which
are point sources subject to permits under Ch. 283, Wis. Stats., or
source material, as defined in § 254.31(10), Wis. Stats.,
special nuclear material, as defined in § 254.31(11), Wis.
Stats., or by-product material, as defined in § 254.31(1),
Wis. Stats.
A licensed facility which is the final resting place for
solid waste, including landfills and incineration facilities that
produce ash from the process of incinerating municipal solid waste.
Entertainment, educational, musical, school-related, family,
religious, and cultural events involving the assembly of people.
Empty bimetal, tin, or steel food, beverage, aerosol, and
other general purpose cans.
Any person's putrescible or nonputrescible waste or discarded
material. This term is synonymous with "garbage" and includes food
waste.
See "clean wood."
Any oil refined from crude oil or synthetic oil that becomes
contaminated during use, including but not limited to engine oil,
gear oil, lubricating oil, hydraulic oil, cutting oil, tempering and
quenching oils and transmission fluid.
A filter that has been used for automotive engine oil, as
defined in § 287.15(1)(a) and (e), Wis. Stats.
Materials that have been used to absorb used motor oil.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect as defined in § 289.55(1)(c),
Wis. Stats.
Leaves, grass clippings, yard and garden debris, including
clean woody vegetative material no greater than six inches in diameter.
This term does not include stumps, root systems or shrubs with intact
root balls.
A.
Occupants of residential, multifamily, and nonresidential properties
shall separate the following materials from municipal solid waste
for recycling and/or beneficial reuse:
(1)
Aluminum containers.
(2)
Boxboard (noncorrugated containerboard).
(3)
Cardboard (corrugated containerboard).
(4)
Electronic devices.
(5)
Glass containers.
(6)
Junk mail.
(7)
Magazines.
(8)
Newspaper.
(9)
Office paper.
(10)
Plastic bottles Nos. 1 and 2.
(11)
Steel and tin containers (includes bimetal).
(12)
Lead-acid batteries.
(13)
Major appliances.
(14)
Waste tires.
(15)
Yard waste.
(16)
Used motor oil.
(17)
Used oil-absorbent materials.
(18)
Used oil filters.
B.
Recyclable materials shall be clean and kept free of contaminates
such as food or product residue, oil, solvents or grease, or other
nonrecyclable material, including but not limited to hazardous waste,
medical waste, and agricultural chemical containers. Recyclable materials
shall be stored in a manner that protects them from wind, rain, and
other inclement weather conditions, insects, rodents, and animals.
C.
All persons transporting recyclable materials and/or solid waste
within Adams County for the purpose of delivery to a collection, processing,
or disposal facility are required to:
Occupants of single-family and two- to four-unit residences,
multifamily dwellings and nonresidential facilities and properties
shall manage lead-acid batteries, major appliances, used oil, filters
and absorbents, and yard materials as follows:
A.
Lead-acid batteries shall be transported by the generator to a facility
licensed to accept these materials. No person shall place lead-acid
batteries at the curb or roadside for collection.
B.
Major appliances shall be transported by the generator to a facility
licensed to accept these materials.
C.
Waste tires shall be transported by the generator to a facility licensed
to accept these materials.
D.
Used oil, oil filters and absorbents shall be transported by the
generator to a facility licensed to accept these materials.
E.
Yard materials shall be composted or transported by the generator
to a facility licensed to accept these materials.
Except as otherwise directed by the Adams County Solid Waste Department, Committee or designee, occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall do the following for the preparation and collection of the separated materials specified in § 306-11A(5) through (15):
A.
Aluminum containers shall be rinsed and placed loosely in a designated
receptacle at an established dropoff or curbside.
B.
Bimetal containers shall be rinsed and placed loosely in a designated
receptacle at an established dropoff or curbside.
C.
Steel containers shall be rinsed and placed loosely in a designated
receptacle at an established dropoff or curbside.
D.
Corrugated paper or other container board shall be free of debris,
flattened, secured on windy days and placed in a designated receptacle
at an established dropoff or curbside. No bags or ties.
E.
Foam polystyrene packaging shall be disposed of in the landfill until
such time that markets become available and/or landfill variance is
removed.
F.
Food and beverage glass containers shall be rinsed with caps removed.
Glass containers shall be placed loosely in a designated receptacle
at an established dropoff or curbside.
G.
Magazines shall be free of debris, secured on windy days and placed
in a designated receptacle at an established dropoff or curbside.
No bags or ties.
H.
Newspaper shall be free of debris, secured on windy days and placed
in a designated receptacle at an established dropoff or curbside.
No bags or ties.
I.
Office paper shall be free of debris, secured on windy days and placed
in a designated receptacle at an established dropoff or curbside.
No bags or ties.
J.
Rigid plastic containers shall be prepared and collected as follows:
(1)
Plastic containers made of PETE, including narrow-necked bottles,
shall be rinsed and caps replaced to the bottle. PETE bottles shall
be placed loosely in a designated receptacle at an established dropoff
or curbside. Wide-mouth PETE containers, including clamshell and thermoform
packaging, shall be disposed of in the landfill until such time that
markets become available and/or landfill variance is removed.
(2)
Plastic containers made of HDPE, including narrow-necked bottles
and jugs, shall be rinsed and caps replaced to the bottle/jug. HDPE
bottles and jugs shall be placed loosely in a designated receptacle
at an established dropoff or curbside.
(3)
Plastic containers made of PVC, including piping and construction
materials, shall be disposed of in the landfill until such time that
markets become available and/or landfill variance is removed.
(4)
Plastic containers made of LDPE, including plastic film, wrap and
bags, shall be disposed of in the landfill until such time that markets
become available and/or landfill variance is removed.
(5)
Plastic containers made of PP, including dairy containers, deli containers
and their lids, shall be rinsed and placed loosely in a designated
receptacle at an established dropoff or curbside.
(6)
Plastic containers made of PS, including rigid cups and foam containers,
shall be disposed of in the landfill until such time that markets
become available and/or landfill variance is removed.
(7)
Plastic containers made of other resins or multiple resins, including
plastic tubes, computer shells, toys, etc., shall be disposed of in
the landfill until such time that markets become available and/or
landfill variance is removed.
B.
The Solid Waste Committee 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 municipally and/or County-provided collection
program. The County shall provide written notice of this declaration
to all applicable parties.
A.
The Adams County Solid Waste and Recycling Department shall designate and publish guidelines for the management of recyclable materials specified in § 306-11A(1) through (18).
B.
Any collection program or private operation that accepts these materials
for recycling, beneficial reuse or proper treatment and disposal shall
meet all applicable local, state, and federal regulations.
C.
Occupants of residential properties shall be responsible to properly
manage these recyclable materials as per the guidelines set forth.
The guidelines shall be in accordance with all state laws governing
recycling and proper disposal of these materials.
D.
No person shall place lead-acid batteries or used motor oil at the
curb or roadside for collection. These materials must be transported
by the generator to a facility licensed to accept these materials.
Occupants of residential properties that are served under a
municipal and/or County-provided collection program for recyclables
shall follow the recycling guidelines published by the Adams County
Solid Waste and Recycling Department.
The owners of all multifamily and nonresidential properties
or their designated agent(s) shall do all the following:
A.
Notify tenants of their responsibility as set forth in § 306-13A for the management of recyclable materials specified in § 306-11A(1) through (18).
B.
Provide an adequate number of containers for the recyclable materials specified in § 306-11A(1) through (10).
C.
Ensure that the users know where the recyclables are to be placed.
D.
Notify, in writing, at the time of renting or leasing the property
and at least semiannually thereafter, all users, tenants, employees,
and occupants of the properties about the recycling program that has
been established. The information shall include, at a minimum:
(1)
Reasons to reduce and recycle municipal solid waste.
(2)
A list of recyclable materials that shall be separated from municipal
solid waste.
(3)
How recyclable materials are to be prepared for collection.
(4)
Location of collection containers.
(5)
Contact information for any questions, including name, address, and
phone number.
E.
Provide for the collection and delivery of recyclable materials specified in § 306-11A(1) through (10) to a self-certified material recovery facility as defined in § NR 544.16, Wis. Adm. Code and § 287.27(1), Wis. Stats., either directly or through a hauler.
F.
Comply with all other applicable provisions of this article.
All special events at public places and all organizers and sponsors
of and owners of the property where said events are held shall provide
an adequate number of containers for recyclable materials generated
at the event, ensure that the users know where the recyclables are
to be placed, and provide for collection and delivery of recyclable
materials to a self-certified material recovery facility either directly
or through a hauler.
A.
Scavenging. It shall be unlawful for any person, unless under contract
with and/or licensed by the County or municipality or under agreement
with an individual generator, to collect or remove any recyclable
material which has been placed appropriately for collection.
B.
Improper disposal of recyclable materials. 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 § 306-11A(1) through (18) which have been separated for recycling, except waste tires which may be burned with energy recovery in a licensed solid waste treatment facility.
C.
Burning.
(1)
No person shall burn garbage, trash, recyclable materials, or any other solid waste material, except for confidential papers, yard waste and clean wood that has not been painted, stained, sealed or treated and are in compliance with § 306-19C(2) below.
(2)
Restrictions on the burning of confidential papers, yard waste, and
clean wood.
(a)
Unless prohibited by local regulation, small amounts of residential-generated
confidential papers, yard waste, and clean wood may be burned, provided
the following standards are met:
[1]
Materials must be burned on the same residential property it
is generated from.
[2]
Persons wishing to burn must properly notify and receive approval,
including any necessary permits, from the local governing municipality
and/or fire department.
[3]
Burning of said confidential papers, yard waste and clean wood
must be conducted in a safe manner and comply with all applicable
state, County and local laws, ordinances, regulations and other restrictions.
(b)
The burning of confidential papers and yard waste generated
from multifamily and nonresidential properties is prohibited.
(c)
The burning of clean wood generated from multifamily and nonresidential
properties is prohibited unless a DNR license is obtained for a "wood-burning
facility" as defined in § NR 502.11, Wis. Adm. Code.
(3)
Exemptions. In compliance with § NR 429.04, Wis. Adm. Code,
the following activities are allowed, provided burning is conducted
in a safe manner and complies with all applicable state, County and
local laws, ordinances, regulations and other restrictions:
(a)
Burning of trees, limbs, stumps, brush or weeds as a result
of agricultural or silvicultural activities, if the burning is conducted
on the property where the waste is generated.
(b)
Burning of trees, limbs, stumps, brush or weeds as a result
of clearing or maintenance of highway, railroad or utility rights-of-way
and other land-clearing operations, if the burning is conducted on
the property where the waste is generated.
(c)
Fires set for practice and instruction of fire fighters, or
testing of firefighting equipment.
(d)
Outdoor fires for cooking, ceremonies, or recreation.
Recyclable materials specified in § 306-11A(1) though (18) generated by occupants of residential properties and deposited at County dropoff centers or collected through other municipal and/or County-provided collection programs shall become the property of Adams County.
B.
Collection and management.
(1)
Haulers shall not co-collect (place together in the same compartment)
solid waste and recyclable materials, and shall ensure that no separated
recyclables are contaminated with trash during transport as required
under § NR 544.05(1)(a), Wis. Adm. Code, and applicable
County and local permits and licenses.
(2)
Haulers may not engage in the collection, transportation, processing
or disposal of solid waste within the County unless the recyclable
materials in accordance with this article have been segregated. It
is the responsibility of the hauler to inform the Adams County Solid
Waste and Recycling Department of residential, multifamily, and nonresidential
properties that are not segregating recyclable materials from solid
waste.
(3)
Haulers providing collection services for recyclable materials as specified in § 306-11A(1) through (10) to the Adams County Material Recovery Facility as defined in § NR 544.16, Wis. Adm. Code, and § 287.27(1), Wis. Stats.
(4)
Haulers are prohibited from curbside collection of lead-acid
batteries and used motor oil.
(5)
Haulers providing collection services for recyclable materials as specified in § 306-11A(12), (15), (17) and (18) shall comply with all applicable local, County, state, and federal rules and regulations regarding transportation, with delivery to facilities that are properly permitted and/or licensed to accept and process these materials.
(6)
(7)
Solid waste and recyclables while in transport shall be covered
and secured to prevent littering.
(8)
Haulers may not dispose in a landfill or burn in a solid waste
facility any recyclable materials generated in Adams County that have
been separated for recycling, except waste tires may be burned with
energy recovery in a licensed solid waste treatment facility, as specified
in § 287.07(1m) through (4), Wis. Stats.
C.
Notification to customers.
(1)
Upon the initial provision of municipal solid waste collection
services to new customers and annually thereafter, the hauler shall
notify its customers of their need to comply with the provisions set
forth in this article. At a minimum, the notice shall include:
(a)
Reasons to reduce and recycle municipal solid wastes.
(b)
A list of recyclable materials, as identified in § 306-11A, that shall be separated from municipal solid waste.
(c)
How recyclable materials are to be prepared to meet processing
requirements.
(d)
Location and hours of operation of dropoff locations for recyclable
materials not collected on site.
(e)
Contact person, including name, address, and phone number.
(2)
For a multifamily or nonresidential account, a notice may be
sent to the account representative, provided that the notice shall
inform the account's representative of their obligation to notify
all individual customers or users of the recycling services that are
available.
(3)
On or before February 15 of each year, the hauler shall deliver
to the Adams County Solid Waste Department a copy of the notification
sent to each customer type, i.e., residential, multifamily, and nonresidential,
during the previous year.
The Solid Waste Committee reserves the right to establish a
fee schedule if it is determined to defer costs of recycling, composting
and resource recovery systems.
A.
Inspection for compliance.
(1)
To determine whether a person subject to the provisions of this article is in compliance therewith, any authorized officer or representative of the Adams County Solid Committee, Adams County Solid Waste and Recycling representative or law enforcement officer within Adams County, subject to the provisions in § 306-20.3A(2), (3) and (4) reserves the right to inspect the following:
(2)
Before engaging in any such inspection, the County's representative
shall seek permission from the owner/occupant or authorized agent
thereof for access to inspect.
(3)
The County's representative shall present to the owner/occupant
or their authorized agent appropriate credentials.
(4)
If an occupant/owner or their authorized agent declines access
to the County's representative, an application for a special inspection
warrant under § 66.0119, Wis. Stats., may be made.
(5)
If violations are identified, enforcement procedures shall commence.
(6)
Haulers operating within the responsible unit area shall allow
duly authorized representatives of the County to inspect containers
containing municipal solid waste or recyclables for purposes of ascertaining
compliance with this article at any time prior to the deposit of the
contents of those containers into their vehicles for transportation
to an appropriate disposal, recycling or reuse facility.
B.
Enforcement procedures.
(1)
Any authorized officer or representative of the Adams County
Solid Waste Committee or law enforcement officer within Adams County
may institute any appropriate action or proceeding against violators
of this article as provided by law or this article, including issuing
citations. 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.
(2)
The following procedures shall generally be used, in the order
listed, to address violations of this article:
(a)
Issue a written notice of violation that specifies the nature
of the violation and the corrective action to be taken.
(b)
Issue a citation, pursuant to § 66.0113, Wis. Stats.,
or consult with legal counsel regarding potential civil litigation
in conjunction with citation enforcement or in lieu thereof for forfeitures,
monetary damages or injunctive relief.
(3)
The Adams County Department of Solid Waste and Recycling Director
is not mandated to follow the order of possible action if, in his/her
discretion, a situation requires different action.
A.
Penalties.
(1)
Any person violating the provisions of this article or any regulation
promulgated hereunder shall be required to forfeit up to $200 for
a first violation and up to $500 for the second violation and any
subsequent violations, plus court costs, fees, and/or be subject to
injunctive relief.
(2)
Each day a violation exists is a separate violation.
(3)
The remedies provided herein shall not be exclusive of other
remedies.
(4)
Extraordinary fees, which may also include the cost of obtaining
professional work or opinions, including, but not limited to, engineers,
hydrogeologists or public health professionals, shall be charged to
the person adjudicated for violation of this article.
(5)
As a substitute for and in addition to forfeiture or injunction,
the County may commence civil actions for damages to recoup any and
all costs of cleanup, together with the enforcement costs and fees
(including attorney fees) incurred in the removal of the municipal
solid waste or litter in accordance with this article.
[Adopted 10-12-2010 by Ord. No. 15-2010]
A.
The purpose and intent of this article is to develop and implement
a comprehensive policy and program for the Adams County Landfill regarding
management and delivery of solid waste generated within the County
and to promote reduction, recycling, reusing, composting and resource
recovery through administration of an effective recycling program,
as provided in Chs. 287 and 289, Wis. Stats., and Ch. NR 544, Wis.
Adm. Code.
B.
Further, as Adams County is the responsible unit of government for
recycling in Adams County pursuant to Resolution No. 78-1990, it will
comply with all responsibilities as the responsible unit under 1989
Wisconsin Act 335 and Ch. NR 544, Effective Recycling Programs, Wis.
Adm. Code, to assure that recycling is being separated from garbage
and properly recycled.
A.
ADAMS COUNTY LANDFILL (also means Adams County Resource Recovery
Facility)
ADAMS COUNTY LANDFILL, LANDFILL SITE or SITE
COUNTY
EFFECTIVE RECYCLING PROGRAM
HAULER
MUNICIPALITY
OPERATOR
PERMITTED HAULER
PERSON
RECYCLABLE MATERIALS
REGION
RESPONSIBLE UNIT
SOLID WASTE
SOLID WASTE MANAGEMENT
WASTE REDUCTION
As used in this article, the following terms shall have the meanings
indicated:
An Adams County facility operating under the supervision
and direction of the Adams County Solid Waste Committee.
The area so designated on the map attached hereto and incorporated
herein as Appendix A.[1]
Adams County Solid Waste Committee or Adams County Board
of Supervisors.
Meeting the required components described in Ch. NR 544,
Wis. Adm. Code.
A person whose business is, in part or in whole, to collect
solid waste or recyclables from generators which they produce for
purposes of transportation of, and disposal at, solid waste disposal
or recycling facilities.
All towns, villages and cities within the County subject
to the County's responsible unit status and the duties and powers
stated in § 287.09, Wis. Stats., which direct solid waste
and recyclables produced within their boundaries into the County solid
waste management system.[2]
The Adams County Solid Waste Committee or its department
head designee or DNR certified landfill manager.
Any private hauler and/or commercial hauler, or County resident,
or non-County resident who has been permitted by Adams County to haul
garbage, refuse, trash and/or recyclable materials in Adams County.
Any individual and further includes partnerships, associations
and local government units.
Materials listed in § 287.07(1m) to (5), Wis. Stats.,
as amended.
Has the meaning specified in § 287.01(8), Wis.
Stats.
Has the meaning specified in § 287.01(9), Wis.
Stats.
Had the meaning specified in § 289.01(33), Wis.
Stats.
Planning, organizing, financing, and implementing programs
to effect the storage, collection, transporting, processing, recycling
or final disposal of solid wastes in a sanitary, nuisance-free manner,
as specified in §§ 287.01(13) and 289.01(36), Wis.
Stats.
Decreasing the quantity of waste materials or products generated
as specified in § NR 544.03(41), Wis. Adm. Code.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Sections 287.01 and 289.01, Wis. Stats., and § NR 544.03,
Wis. Adm. Code, shall govern regarding additional definitions not
specifically stated herein.
No person other than authorized County personnel or an authorized
permitted and licensed private hauler or County-permitted private
citizen may deposit materials at the County landfill site, including
recyclables at the designated portion of the County landfill site.
A.
No person shall collect and haul any solid waste or recyclable materials,
as defined by § NR 544.03(33) and (39m), Wis. Adm. Code,
and § 289.01(33), Wis. Stats., in Adams County without a
solid waste hauling permit issued by Adams County.[1]
B.
Application for the County permit shall be in the form adopted by
the Adams County Solid Waste Committee with the rules, regulations,
and conditions stated therein, together with such subsequent rules,
regulations, and conditions as may be hereafter approved by said Committee.[2]
[2]
Editor's Note: The current hauling permit application form
is on file with the County Clerk.
C.
The Adams County Solid Waste Committee may adopt rules and regulations
for issuance of citations for a violation of the permit terms and
may also adopt regulations for the operation of the landfill.
D.
All haulers must abide by the notification of recycling requirements
for waste haulers under § NR 502.06(4)(eg), Wis. Adm. Code
(Publication WA425-2005).
A.
The landfill site shall be operated on the days, and during the hours,
as designated and published by the Adams County Solid Waste Committee.
B.
Any permitted hauler authorized by the County to haul and dispose
of garbage, trash, refuse and/or recyclable materials at the landfill
site shall do so during operational hours and shall deposit said materials
at the landfill site as directed by the operator.
A.
Routes of travel.
(1)
All permitted private and/or commercial haulers, and County residents,
who collect from private residences and businesses in the County,
contracted with the County (or one of its municipalities), shall deliver
garbage, trash, refuse, and/or recyclable materials to the County
landfill site, unless the hauler has entered into a "like tonnage"
agreement with Adams County. Each hauler shall only travel over the
designated route established by agreement between Adams County and
the Town of Strongs Prairie. Said route is attached hereto and incorporated
herein as Appendix B.[1] If customers (private residences or businesses) are within
the boundaries of Strongs Prairie, every attempt shall be made to
go directly to the nearest County or state road for transport to the
County Landfill.
[Amended 6-27-2023 by Ord. No. 14-2023]
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
(2)
All permitted private haulers delivering garbage and refuse to the
County landfill site, collected from outside of the Town of Strongs
Prairie, shall also be directed to use the above-designated routes
in traveling to and from the landfill site.
B.
Covered vehicles required. No person shall transport any garbage,
trash, or recyclable materials to the County landfill site unless
such garbage, trash, refuse, or recyclable materials are fully and
securely covered and/or fully enclosed in the vehicle used to transport
such waste materials in accordance with § NR 502.06(4)(d),
Wis. Adm. Code: "Vehicles or containers used for the collection and
transportation of solid waste shall be loaded and moved in such a
manner that the contents do not fall, spill or leak. Covers shall
be provided to prevent littering and spillage. If spillage does occur,
the operator shall immediately return spilled materials to the vehicle
and shall properly clean the spill area. In the event of a spill of
a hazardous substance the department shall be notified under s. 292.11,
Stats., and the spill material shall be collected and the environment
restored as provided in ch. NR 158. Note: Chapter NR 158 has been
repealed."
A.
The collection and disposal of all garbage, trash, refuse, and recyclable
materials shall be the responsibility of, and conducted under the
supervision, directions, and control of, Adams County in strict conformity
with the provisions of this article and with such additional rules
and regulations as may be adopted from time to time by the Adams County
Solid Waste Committee.
B.
All permitted private and/or commercial haulers, County residents,
and persons shall comply with all approved County ordinances and County
landfill policies and procedures, including but not limited to: clear
bag requirement, mobile home/asbestos inspection policy, boat disposal
policy, fire prevention policy, no smoking policy, mandatory hauler
recycling education and compliance, hazardous waste inspections, Adams
County Recycling Ordinance, etc.
A.
Adoption of citation procedure.
(1)
Section 66.0113, Wis. Stats., incorporated by reference. To expedite
the resolution of ordinance violations, the County Board of Adams
County hereby adopts the procedure authorized by § 66.0113,
Wis. Stats., to enforce this article. Section 66.0113, Wis. Stats.,
is hereby adopted and incorporated by reference as if set forth in
full herein. Any future amendments, revisions or modifications thereto,
including imposition of mandatory court costs, are hereby adopted
and incorporated herein and are made part of this article.
(2)
Relationship to other laws. The adoption and authorization for use
of a citation under this section does not preclude the governing body
from adopting any other ordinance or providing for the enforcement
of any other law or ordinance relating to the same or any other matter.
The issuance of a citation under this section does not preclude proceeding
under any other ordinance or law relating to the same or any other
matter.
(3)
Form of citation. The County hereby adopts the citation form specified
at § 66.0113(1)(b), Wis. Stats., or any other form permitted
by Wisconsin law.[1]
(4)
Issuance of citations. Any law enforcement official authorized by
Adams County, the Solid Waste Director, or his designee may issue
citations pursuant to § 66.0113(2), Wis. Stats., for enforcement
of any violations under this article.
(5)
Jurisdiction conferred. The citation shall have the legal effect
specified in § 66.0113, Wis. Stats., and a duly issued citation
shall confer subject matter jurisdiction upon the Circuit Court for
the County of Adams, for the purpose of receiving payment of forfeiture,
court costs and penalties.
B.
Forfeiture, court costs, penalties and enforcement.
(1)
Forfeitures. All citations for violation of this article shall be
referred to Adams County Corporation Counsel for expeditious prosecution.
Any person or entity who or which violates or neglects to comply with
any provision of this article or any regulation promulgated pursuant
thereto shall, upon conviction thereof, be punishable by a fine not
less than $250 nor more than $1,500 per violation, plus court costs
pursuant to the schedule then in effect, payable to the Adams County
Clerk of Circuit Court.
(2)
Schedule of cash deposit and penalty assessment. Forfeitures for
violation of this article shall be assessed in a calendar year commencing
January 1 and ending December 31 of a given year as follows:
(3)
Enforcement. Corporation Counsel may seek such orders and writs as
may be required for enforcement of this article, including but not
limited to the provisions contained in Chapter 66 (Municipalities)
and Chapter 755 (Municipal Court) of the Wisconsin Statutes.
C.
This article does not supersede any applicable federal or state statutes
or regulations that are more restrictive.
Regulations for the operation of the landfill adopted by the
Adams County Solid Waste Committee shall take effect when published
or at such later date as determined by the Committee.
