Village of Orfordville, WI
Rock County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992 as Title 8, Chs. 3 and 4 of the 1992 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 180.
Health and sanitation — See Ch. 184.
Nuisances — See Ch. 225.
Property maintenance — See Ch. 246.
Abandoned vehicles — See Ch. 301.
This article shall be known as the "Solid Waste Management Ordinance of the Village of Orfordville," hereinafter referred to as "this article."
It is hereby declared to be the purpose and intent of this article to enhance and improve the environment and promote the health, safety and welfare of the Village by establishing minimum standards for the storage, collection, transport, processing, separation, recovery and disposal of solid waste.
For the purpose of this article, the following words and phrases shall have the meanings given herein unless different meanings are clearly indicated by the context:
AGRICULTURAL ESTABLISHMENT
An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
BULKY WASTE
Items whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
COMMERCIAL UNIT
All property other than residential units and shall include boardinghouses, motels and resorts.
CURB
The back edge or curb and gutter along a paved street or where one would be if the street was paved and had curb and gutter.
DEMOLITION WASTE
That portion of solid wastes consisting of wastes from the repair, remodeling or reconstruction of buildings, such as lumber, roofing and sheathing scraps, rubble, broken concrete, asphalt and plaster, conduit, pipe, wire, insulation and any other materials resulting from the demolition of buildings and improvements.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DUMP
A land site where solid waste is disposed of in a manner that does not protect the environment.
DWELLING UNIT
A place of habitation occupied by a normal single-family unit or a combination of persons who may be considered as equivalent to a single-family unit for the purposes of this article.
GARBAGE
Includes every refuse accumulation of animals, fruit or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables originally used for foodstuffs.
HAZARDOUS WASTE
Those wastes, such as toxic, radioactive or pathogenic substances, which require special handling to avoid illness or injury to persons or damage to property and the environment.
INDUSTRIAL WASTE
Waste material, except garbage, rubbish and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
LITTER
Solid waste scattered about in a careless manner, usually rubbish.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial or institutional activities or a building or group of buildings consisting of four or more dwelling units.
PERSON
Individuals, firms, corporations and associations, and includes the plural as well as the singular.
PRIVATE COLLECTION SERVICES
Collection services provided by a person licensed to do same by the DNR.
RECYCLABLE WASTE
Waste material that can be remanufactured into usable products and shall include, by way of enumeration but not by way of limitation, glass, plastics, newspapers, cardboard, and metals (aluminum, steel, tin, brass, etc.).
REFUSE
Includes all waste material, including garbage, rubbish and industrial waste, and shall, by way of enumeration but not by way of limitation, include grass, leaves, sticks, tree branches and logs, stumps, stone, cement, boards, furniture or household appliances, and garden debris.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNIT
An individual household capable of independent habitation by a family unit. A single-family dwelling shall be considered to be one residential unit. A multifamily dwelling shall be considered to be multiple residential units, the number of residential units to equal the number of family units to be housed therein. Residential units shall not include boardinghouses, motels or resorts.
RUBBISH
Includes combustible and noncombustible waste material, except rocks, concrete, bricks and similar solid materials, plaster or dirt, that is incidental to the operation of a building and shall include, by way of enumeration but not by way of limitation, tin cans, bottles, rags, paper, cardboard, and sweepings.
SCAVENGING
The uncontrolled removal of materials at any point in solid waste management.
SOLID WASTE
Garbage, rubbish and other useless, unwanted or discarded material from agricultural, residential, commercial, industrial or institutional activities. Solid waste does not include solid or dissolved material in domestic sewage.
STORAGE
The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
STORAGE AREAS
Areas where persons place containers during noncollection days as well as areas where containers are set out on collection day.
Storage areas shall be kept in a nuisance- and odor-free condition. Litter shall not be allowed to accumulate. Collection crews will not be responsible for cleaning up loose materials from any containers which have become ruptured or broken due to wet conditions, animals, vandalism or other cause. The occupant and/or owner shall be responsible for cleaning up this litter. Litter not collected shall not be allowed to accumulate. Violation will result in the occupant and/or owner being notified to clean up his area, with continued violation resulting in the owner being prosecuted under the provisions of this article and other Village ordinances.
A. 
General container standards. Suitable containers of a type approved by the Village shall be provided by the property owner or tenant in which to store all solid waste except for bulky or certain yard wastes as provided for herein. Containers, in order to be approved, shall provide for efficient, safe and sanitary handling of solid wastes. They shall be maintained in a nuisance- and odor-free condition and shall be sufficient to prevent the scattering of contents by weather conditions or animals.
B. 
Approved containers. All garbage created, accumulated or produced shall be deposited in containers of a type approved by the Village Board and its collection contractor. Each container for a residential unit shall be equipped with suitable handles and tight-fitting covers, shall be watertight and shall have the capacity of not less than 10 gallons and not more than 30 gallons. All garbage containers shall be kept in a neat, clean and sanitary condition at all times. All garbage containers for residential units shall be of metal, durable plastic or other suitable, moisture-resistant materials, including heavy-duty refuse disposal plastic bags, and shall not exceed thirty-gallon capacity. Other containers for multifamily residential units (such as dumpsters) may be used with the express approval of the Village Board. Containers including contents shall not exceed in weight that which one person can safely lift (60 pounds). Metal garbage cans shall be of sufficient thickness to resist denting during normal handing by collection crews. Plastic garbage bags must be closed with a tie and shall consist of plastic material not damaged by freezing and not susceptible to melting. They shall be capable of being handled during hot and cold weather without damage during normal handling by collection crews. Plastic bags shall be of sufficient strength to allow lifting and loading of contents without tearing. Garbage and rubbish may be combined in the same container, except that open containers shall not contain garbage or material that may blow about.
C. 
Householder to provide containers. It shall be the duty of every occupant, tenant or proprietor of any residential unit to provide, and at all times keep in a suitable place readily accessible to the garbage collector, garbage containers capable of holding all garbage which would ordinarily accumulate on such premises between the times of successive collections. The owner of any multiple dwelling shall furnish or require the tenant thereof to furnish proper garbage containers. Garbage containers located at multiple dwellings shall be marked so as to indicate the residential unit to which they belong.
D. 
Sawdust; ashes. Sawdust and cold, completely extinguished ashes may be left for collection in disposable containers.
A. 
Placement of residential solid waste for collection.
(1) 
Residential solid waste shall be accessible to collection crews. Residential solid waste in approved containers shall be placed immediately behind the curb of the public street for collection or containers shall be placed immediately adjacent to the alley if premises abut on an alley. Yard and bulky wastes from residential units shall likewise be placed in neat, orderly fashion behind the curb. During winter months, solid waste shall not be placed on top of the snow bank, nor shall it be placed in the roadway. The owner shall either shovel out an area behind the curb in which to place his wastes or he shall place it in his driveway. Collection crews will not collect residential solid waste unless it is placed at the curb of a public street. Residential units shall bring their solid waste to the terrace adjacent to the street curb for collection. Should collection crews be unable to discharge contents of garbage cans into collection vehicles using normal handing procedures, the cans, including contents, will be left at curbside. The owner shall make provisions to assure that the solid waste therein can be collected on the next collection day. Collection crews will not empty garbage cans by means other than dumping.
(2) 
No garbage containers or other containers for refuse other than those of the Village shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, that the Village Board may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for the expeditious collection and disposition of refuse.
B. 
Restriction on time of placement.
(1) 
Receptacles and containers for refuse and rubbish shall be placed in collection locations as designated in Subsection A above prior to 6:00 a.m. of the scheduled collection day, but not more than 24 hours prior to such time.
(2) 
All receptacles, bags and containers for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time.
(3) 
Employees of licensed collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.
C. 
Collection of commercial refuse. Commercial establishments, factories, or any type of building other than a two-family dwelling which produces more than the equivalent of four thirty-gallon cans per week (approximately 1/2 cubic yard) may have the services of the licensed collector for an additional fee commensurate to the amount of rubbish they produce. Collections shall be made from commercial establishments which produce no more than four thirty-gallon cans per week not less than once a week during the term of this agreement.
D. 
Collectable materials. Materials to be collected from residences shall include the following:
(1) 
All kitchen wastes, including cans, bottles, household food, accumulations of animal food and vegetable matter attendant on the preparation, use, cooking and serving of foods.
(2) 
General household trash and refuse, including ashes, empty cartons, crates, boxes, wrapping materials, newspapers and magazines when securely and neatly bound in conveniently sized bundles, cloth materials, empty cans, discarded clothing and similar materials.
A. 
Dead animals. It shall be unlawful to place any dead animal, or parts thereof, in a container for collection; provided, however, that this subsection shall not apply to animal parts from food preparation for human consumption.
B. 
Undrained food wastes. It shall be unlawful to place any garbage or other food wastes in a container for collection unless they are first drained and wrapped.
C. 
Ashes. It shall be unlawful to place hot ashes for collection. (See § 272-5D.)
D. 
Improper placement, It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, or public or private property within the Village contrary to the provisions of this article.
E. 
Compliance with article. It shall be unlawful to store, collect, transport, transfer, recover, incinerate or dispose of any solid waste within the boundaries of the Village contrary to the provisions of this article.
F. 
Improper transportation. It shall be unlawful to transport any solid waste in any vehicle which permits the contents to blow, sift, leak or fall therefrom. If spillage does occur, the collection crew shall immediately return spilled materials to the collection vehicle and shall properly clean, or have cleaned, the area. All vehicles used for the collection and transportation of solid waste shall be durable, easily cleanable and leakproof, if necessary, considering the type of waste and its moisture content. Collection vehicles shall be cleaned frequently to prevent nuisances and insect breeding and shall be maintained in good repair.
G. 
Interference with authorized collector. No person other than an authorized collector shall collect or interfere with any garbage after it shall have been put into a garbage receptacle and deposited in the proper place for the collector, nor shall any authorized person molest, hinder, delay or in any manner interfere with an authorized garbage collector in the discharge of his duties.
H. 
Scavenging. It shall be unlawful for any person to scavenge any solid waste or refuse placed for collection on the terrace without the permission of the owner.
I. 
Private dumps. It shall be unlawful for any person to use or operate a dump.
J. 
Burning of waste. It shall be unlawful for any person to burn solid waste in any manner, except as provided elsewhere in this Code.[1]
[1]
Editor's Note: See Ch. 168, Fire Prevention, § 168-8, Open burning.
K. 
Noncollectable materials. It shall be unlawful for any person to place for collection any of the following wastes:
(1) 
Hazardous waste.
(2) 
Toxic waste.
(3) 
Chemicals.
(4) 
Explosives or ammunition.
(5) 
Drain or waste oil or flammable liquids.
(6) 
Large quantities of paint.
(7) 
Tires.
(8) 
Trees and stumps.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
L. 
Animal or human wastes. It shall be unlawful for any person to place animal wastes and/or human wastes for collection. These wastes should be disposed of in the sanitary sewer system.
M. 
Hospital wastes. It shall be unlawful for any person to place for collection any pathogenic hospital wastes. Such items as needles and syringes may be disposed of as long as they are contained to eliminate injury to collection crews.
N. 
Building waste. All waste resulting from remodeling, construction or removal of a building, roadway or sidewalk shall be disposed of by the owner, builder or contractor. Building materials of any kind will not be collected. Building materials shall not be burned at the construction site.
O. 
Mandatory separation of yard wastes. No person in the Village shall, by curbside collection, dispose of deciduous materials such as yard waste, grass clippings and leaves, and other yard refuse materials (branches, Christmas trees, weeds, bushes, etc.) with other refuse that may be lawfully left for collection and/or recycling. This subsection shall apply to all persons, governmental operations, and business, commercial, retail and industrial enterprises however organized and of whatever type, if such refuse would otherwise be deposited in a county landfill.
The accumulation or deposit of garbage, trash or putrescible animal or vegetable matter in or upon any lot or land or any public or private place within the Village which causes the air or environment to become noxious or offensive or to be in such a condition as to promote the breeding of flies, mosquitoes or other insects, or to provide a habitat or breeding place for rodents or other animals, or which otherwise becomes injurious to the public health is prohibited and declared to constitute a nuisance.
It is unlawful for any person, firm or corporation to place, deposit or cause to be deposited, for collection, any waste or refuse not generated within the corporate limits of the Village of Orfordville.
No person shall place in or on any garbage can, dumpster or other trash receptacle not belonging to or assigned by the owner of such receptacle to such person any garbage, refuse or trash without the permission of the owner or designated assignee of such receptacle, unless such receptacle is designated expressly or implicitly for use by the general public.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
COLLECTION POINT
Any location, place or area at which a citizen, business or the Village places recyclable materials or other items for pickup and removal by the Village or its authorized agents or representatives.
RECYCLABLE MATERIALS AND OTHER ITEMS
Includes, without limitation, all appliances of any kind or nature whatsoever, all furniture, wood, bottles or cans, whether filled or unfilled, newspaper and magazines and any garbage or refuse being disposed of at a designated collection point.
B. 
Ownership of materials. It is hereby determined that at the time any recyclable materials or other items are placed at a collection point for pickup by the Village or its authorized agents or representatives, such recyclable materials or items shall be and become the property of the Village for the purpose of collection.
C. 
Prohibitions. No person, unless previously authorized by an official of the Village of Orfordville, shall collect, gather, take into his possession or pick up any recyclable materials or any other items which have been placed by another at any collection point for collection by the Village or its authorized agents or representatives.
D. 
Separate offenses. Each unauthorized collection of recyclable materials or other items shall constitute a separate and distinct offense punishable as herein provided.[1]
[1]
Editor's Note: Original § 8-3-12, Disposal of batteries, major appliances and waste oil, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now §§ 272-19 and 272-23.
A. 
Except as provided herein, no person, including, without limitation, occupants or owners of property or residences within the Village of Orfordville, shall dispose of recyclable materials within the Village of Orfordville without complying with this article.
B. 
The purpose of this article is to promote recycling, composting and resource recovery through the administration of an effective recycling program within the Village of Orfordville as such programs are provided for by and under the laws and regulations of the State of Wisconsin. This article is adopted as required and authorized by and under § 287.09, Wis. Stats.
This article is not intended to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted, required or issued pursuant to law. The provisions of this article shall be considered to be the minimum requirements of the Village of Orfordville and shall not be deemed to be a limitation or repeal of any other power granted or duties imposed by the ordinances of the Village of Orfordville or by the laws and regulations of the State of Wisconsin. Where any terms or requirements of this article are inconsistent or conflict with other ordinances, statutes or administrative regulations, the more strict or stringent requirements or interpretations shall apply. Where the provisions of this article are required by the laws of the State of Wisconsin, or where the provisions of this article may be considered unclear for any reason, the provisions contained herein shall be interpreted in accordance with the then-current laws and regulations of the State of Wisconsin in effect at the time the question of interpretation arises.
The provisions and requirements of this article shall be administered by the Village of Orfordville Village Board and its authorized representatives.
For the purposes of this article, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container 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 No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
LEAD ACID BATTERY
A battery used or which may be used in conjunction with an internal combustion, steam or electrical engine, of any kind or nature whatsoever.[1]
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 from which the capacitor has been removed, oven, refrigerator, or stove, as well as residential and commercial furnaces, boilers, dehumidifiers and water heaters.
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 No. 7.
PERSON
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 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.
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 No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
Lead acid batteries, major appliances, waste oil, yard waste, aluminum containers, corrugated paper or other container board, foam polystyrene packing, 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 DISPOSAL
The discharge, deposit, injection, dumping or placing of any solid waste into or on any land or water. This term does not include the transportation, storage, or treatment of solid waste.[2]
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 OIL
Any oil designed for use in an engine of any kind or nature whatsoever, including, without limitation, oil used in gearing, as a lubricant or for a transmission, after such oil has been used and removed from such engine but before the oil has been recycled.[3]
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 four inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
All owners and occupants of single-family, two-, three- or four-unit residences, multiple-family dwellings and nonresidential facilities and properties, as defined herein, 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 (No. 1) and HDPE (No. 2).
N. 
Steel containers.
O. 
Waste tires.
P. 
Rigid plastic containers made of PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6) and other resins or multiple resins (No. 7).
To the extent practical, the recyclable materials separated as required above shall be clean and kept free of contaminants such as food residue, 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 sorted in a manner which protects them from wind, rain and other inclement weather conditions.
The requirements for the separation of recyclable materials as provided herein do not apply under the following circumstances:
A. 
Occupants or owners of single-family, two-, three- and four-unit residences, multiple-family dwellings and nonresidential facilities and properties, as defined herein, that send their postconsumer waste to a processing facility licensed by the State of Wisconsin Department of Natural Resources that recovers the materials specified for and required to be recycled 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 as specified herein for which a variance has been granted by the State of Wisconsin Department of Natural Resources under either the statutes of the State of Wisconsin or provisions of the Wisconsin Administrative Code.
Occupants and owners of single-family, two-, three- and 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 the recycling bin.
B. 
Major appliances shall be placed at curbside provided prior arrangement has been made between the occupants 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 dropped off at the Village yard waste site, located at the Village Wastewater Treatment Plant on West Brodhead Street, at the hours specified by the Village.
Occupants and owners of single-family and two-, three- and four-unit residences shall be required to prepare recyclable materials as defined herein and as described in § 272-16E through P above by complying with the requirements of the contracted recycling hauler or by other notices, regulations or ordinances of the Village of Orfordville which are currently in existence or which may later be enacted or given.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 272-16E through P:
(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 operations, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified above 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 State of Wisconsin Department of Natural Resources that recovers for recycling the materials specified in this section 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 § 272-16E through P:
(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 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 operations, and a contact person or company, including a name, address and telephone number.
B. 
The requirements specified in this section do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the State of Wisconsin Department of Natural Resources that recovers for recycling the materials specified herein from solid waste in as pure a form as is technically feasible.
A. 
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 § 272-16E through P which have been acceptably separated for recycling, except waste tires which may be burned with energy recovery in a solid waste treatment facility.
B. 
No person may:[1]
(1) 
Dispose of a lead acid battery or a major appliance in a solid waste disposal facility or burn a lead acid battery or a major appliance in a solid waste treatment facility in the Village of Orfordville.
(2) 
Dispose of waste oil in a solid waste disposal facility or burn waste oil without energy recovery in a solid waste treatment facility in the Village of Orfordville.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Any person who violates a provision of this article may be issued a citation by the Village of Orfordville 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.
B. 
Penalties for violating this article may be assessed as follows: any person violating this article, including, without limitation, the reclamation hauler, occupants and owners, shall be fined not less than $25 nor more than $2,000 for each offense. Imprisonment in the county jail can be ordered only for failure to pay the fine that may be imposed. If imprisonment is ordered, it shall be limited to one day of confinement for $10 of fine or fraction thereof. Each day of violation shall constitute a separate offense.
C. 
In addition to any other penalty, forfeiture or enforcement provided for herein, the Village of Orfordville may enforce this article by:
(1) 
Application for injunctive relief.
(2) 
The assessment of the costs of enforcement, including, without limitation, costs of testing materials and sites, the cleanup costs of a contaminated site, and reasonable attorney fees and costs and disbursements, including court costs incurred in enforcement of this article.
A. 
Recycling required. Haulers may not dispose in a landfill or burn in a solid waste facility any recyclable materials generated in the Village of Orfordville that have been separated for recycling.
B. 
Marketable condition. 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.
C. 
Right to reject materials. 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 article or in educational material provided by the contractor to the service recipients. Materials may also be left if they are not separated from solid waste or placed in the proper container, or if they 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 Orfordville on a monthly basis.
D. 
Hauler licensing. Haulers who collect solid waste or recyclables in the Village of Orfordville for storage, treatment, processing, marketing, or disposal shall obtain and maintain all necessary state permits, licenses and approvals prior to collecting any materials in the Village of Orfordville.
E. 
Reporting requirements. The recycling haulers and processors operating in the Village of Orfordville are required to maintain records and report in writing to the Village Clerk-Treasurer monthly.
(1) 
Reports shall include:
(a) 
The amount of solid waste and recyclables collected and transported from the Village of Orfordville;
(b) 
The amount of solid waste and recyclables processed and/or marketed by item type from the Village of Orfordville; and
(c) 
The final disposal location of solid waste and recyclable material.
(2) 
Failure to report shall be cause for the municipality to revoke any license or sever any contract with the hauler/processor.
The Village of Orfordville reserves the right to designate additional postconsumer 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 Village shall provide written notice to its service recipients of this declaration.