[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.]
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:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
Items whose large size precludes or complicates their handling
by normal collection, processing or disposal methods.
All property other than residential units and shall include
boardinghouses, motels and resorts.
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.
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.
The orderly process of discarding useless or unwanted material.
The Wisconsin Department of Natural Resources.
A land site where solid waste is disposed of in a manner
that does not protect the environment.
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.
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.
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.
Waste material, except garbage, rubbish and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Solid waste scattered about in a careless manner, usually
rubbish.
Solid waste from agricultural, commercial, industrial or
institutional activities or a building or group of buildings consisting
of four or more dwelling units.
Individuals, firms, corporations and associations, and includes
the plural as well as the singular.
Collection services provided by a person licensed to do same
by the DNR.
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.).
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.
All solid waste that normally originates in a residential
environment from residential dwelling units.
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.
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.
The uncontrolled removal of materials at any point in solid
waste management.
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.
The interim containment of solid waste in an approved manner
after generation and prior to collection and ultimate disposal.
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.Â
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.Â
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.Â
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.Â
Sawdust; ashes. Sawdust and cold, completely extinguished
ashes may be left for collection in disposable containers.
A.Â
Placement of residential solid waste for collection.
(1)Â
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)Â
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.Â
Restriction on time of placement.
(1)Â
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)Â
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)Â
Employees of licensed collectors will not enter any
structures to remove garbage or refuse, except by written agreement
with the property owner.
(4)Â
Items for bulk pickup cannot be placed to the curb sooner than seven
days before the bulk pickup date.
[Added 1-19-2019]
C.Â
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.Â
Collectable materials. Materials to be collected from
residences shall include the following:
(1)Â
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)Â
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.Â
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.Â
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.
D.Â
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.Â
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.Â
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.Â
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.Â
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.Â
Private dumps. It shall be unlawful for any person
to use or operate a dump.
K.Â
Noncollectable materials. It shall be unlawful for
any person to place for collection any of the following wastes:
L.Â
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.Â
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.Â
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.Â
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.Â
COLLECTION POINT
RECYCLABLE MATERIALS AND OTHER ITEMS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.Â
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.Â
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.
A.Â
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.Â
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:
A container 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 No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
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 and other materials printed on similar paper.
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.
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 No. 7.
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 No. 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 No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
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.
Has the meaning specified in § 289.01(33), Wis.
Stats.
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]
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.
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]
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 four inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
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.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 (No. 1) and
HDPE (No. 2).
N.Â
Steel containers.
O.Â
Waste tires.
P.Â
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.Â
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.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.
C.Â
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.Â
Lead acid batteries with intact cases shall be placed
alongside the recycling bin.
B.Â
Major appliances shall be placed at curbside provided
prior arrangement has been made between the occupants 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 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.Â
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)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 operations, and a contact person or
company, including a name, address and telephone number.
B.Â
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.Â
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)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 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.Â
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.Â
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.Â
No person may:[1]
(1)Â
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)Â
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.
A.Â
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.Â
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.Â
In addition to any other penalty, forfeiture or enforcement
provided for herein, the Village of Orfordville may enforce this article
by:
(1)Â
Application for injunctive relief.
(2)Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
Reports shall include:
(a)Â
The amount of solid waste and recyclables collected
and transported from the Village of Orfordville;
(b)Â
The amount of solid waste and recyclables processed
and/or marketed by item type from the Village of Orfordville; and
(c)Â
The final disposal location of solid waste and
recyclable material.
(2)Â
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.