[HISTORY: Adopted by the Village Board of
the Village of Belgium 11-21-1991 by Ord. No. 16-91 as Title 8, Ch. 3, of
the 1991 Code. Amendments noted where applicable.]
This article shall be known as the "Solid Waste
Management Ordinance of the Village of Belgium," hereinafter referred
to as "this chapter."
[Amended 11-10-1997 by Ord. No. 22-97]
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 and 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. If the owner or occupant fails
to do so, the same shall be done by the Village under the direction
of the Director of Public Works, and the expense thereof shall be
charged against the premises and become a lien against the same and
be included as a special assessment against the property.
[Amended 5-2-1994 by Ord. No. 8-94]
A.
RESIDENTIAL UNIT
SOLID WASTE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 11-11-2013 by Ord. No. 22-13; 4-11-2019 by Ord. No. 2-19]
A single-family, two-family, three-family or four-family
residential dwelling located within the Village.
Has the meaning specified in § 289.01(33), Wis. Stats., other than recyclable materials as defined in § 231-15 of this chapter.
B.
Placement for collection.
(1)
The Village’s garbage disposal contractor shall
provide one garbage container and one recyclables container for each
residential unit serviced by the contractor. The containers shall
remain the property of the contractor. The owners or occupants of
each residential unit shall use the containers only for garbage and
recyclable materials as specified and may not make any alterations
to the containers. The owners or occupants shall be responsible for
any loss of or damage to the containers apart from ordinary wear and
tear. The owners or occupants shall be responsible for paying directly
to the contractor the cost of replacing a damaged or stolen container.
[Amended 6-14-2010 by Ord. No. 13-10; 11-11-2013 by Ord. No. 22-13]
(2)
Vehicles must be parked so as not to hinder locating
or collecting the solid waste placed at the curb.
(3)
The Village of Belgium will not be liable for damage
to any property where sanitation crews collect solid waste from other
than the curb.
(4)
Business establishments shall provide access to collection
sites. Those sites blocked by vehicles or other obstructions will
not be collected.
(5)
No containers for solid waste 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 solid waste.
C.
Restriction on time of placement. All containers for solid waste shall be placed in collection locations as designated in Subsection B above by 7:00 a.m. on the day of collection but not before 5:00 p.m. on the evening prior to the regular collection time the following day. All solid waste not collected shall be removed from the curbside collection point within 24 hours after the regular collection time. Village employees or employees of licensed collectors will not enter any structures to remove solid waste or refuse, except by written agreement with the property owner.
[Amended 6-10-2002 by Ord. No. 13-02]
All waste resulting from construction, remodeling
or removal of a building, roadway or sidewalk shall be disposed of
by the owner or contractor. Where a new residential, commercial or
industrial building is being constructed, the owner or contractor
shall place a private dumpster on the property immediately following
completion of the foundation for disposal of construction waste.
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 Belgium.
[Amended 1-12-2004 by Ord. No. 3-04]
[Added 5-2-1994 by Ord. No. 8-94]
The purpose of this article is to promote 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.
This article is adopted as authorized under
§ 287.09(3)(b), Wis. Stats.
It is not 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.
However, whenever this article imposes greater restrictions, the provisions
of this article shall apply.
In their interpretation and application, 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. Where any terms or requirements
of this article may be inconsistent or conflicting, the more restrictive
requirements or interpretation shall apply. Where a provision of this
article is required by Wisconsin Statutes, or by a standard in Ch.
NR 544, Wis. Adm. Code, and where the article provision is unclear,
the provision shall be interpreted in light of the Wisconsin Statutes
and the Ch. NR 544 standards in effect on the date of the adoption
of this article or in effect on the date of the most recent text amendment
to this article.
The requirements of this article apply to all
persons within the Village of Belgium.
[Amended 3-8-2010 by Ord. No. 2-10]
The provisions of this article shall be administered
by the Village Clerk.
The provisions of this article shall take effect
January 1, 1995.
As used in this article, the following terms
shall have the meanings indicated:
A blue, transparent, disposable plastic bag specifically
approved by the Village Board for containment of recyclable materials
prior to collection.
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
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 resin labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI Code 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.
Includes lead acid batteries, major appliances, waste oil,
yard waste, aluminum containers, corrugated paper or other container
board, foam polystyrene packaging, glass containers, magazines, newspaper,
office paper, rigid plastic containers, including those made of PETE,
HDPE, PVC, LDPE, PP, PS and other resins or multiple resins, steel
containers, waste tires, and bimetal containers.
A system for commingled collection of recyclable fibers,
containers or other recyclable materials in which these materials
are separated from solid waste at the point of collection and are
transported to a processing facility to be sorted into marketable
commodities.
[Added 12-12-2005 by Ord. No. 37-05]
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots or shrubs with
intact root balls.
Occupants of single-family and two- to four-unit
residences, multiple-family dwellings and nonresidential facilities
and properties shall separate the following materials from postconsumer
waste:
A.
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.
Magazines.
J.
Glass containers.
K.
Newspaper.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC,
LDPE, PP, PS, and other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 231-16 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 231-16 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel
at a facility if less than 30% of the heat input to the facility is
derived from the solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 231-16 shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
[Amended 2-13-2006 by Ord. No. 7-06; 4-13-2015 by Ord. No. 5-15; 5-11-2015 by Ord. No. 8-15]
A.
Occupants of single-family and two-to-four-unit residences
and multifamily dwellings shall manage lead acid batteries, major
appliances, waste oil, waste tires, yard waste, and other nonhazardous
household waste as follows:
(1)
Lead acid batteries shall be left with the retail
business that sold the replacement battery.
(2)
The occupant shall contract with the Village's recycling contractor
for the pickup of major appliances. Major appliances, except those
that are specifically indicated as not accepted by the Village on
posted signs, may be delivered to the area designated for such appliances
at the Village recycling yard (that area adjoining the Village Municipal
Garage at 620 Park Street surrounded by a chain-link fence and accessible
through an electronic gate).
[Amended 3-13-2017 by Ord. No. 2-17]
(3)
Waste oil shall be taken to a service station, repair
garage or new car dealer that accepts waste oil or to the waste receptacle
located at the Village recycling yard.
(4)
Waste tires shall be left with the retail business
that sold the replacement tires.
(5)
Yard waste shall be placed in the dumpster designated for yard waste
at the Village recycling yard. Leaves and branches should be placed
at the occupant’s curb for Monday morning pickup by the Village
Department of Public Works during the months of April through November.
(6)
Other nonhazardous household waste may be deposited in the dumpster
designated for such waste at the Village recycling yard.
B.
Occupants of nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil, waste
tires, and yard waste as follows:
(1)
Lead
acid batteries shall be left with the retail business that sold the
replacement battery.
(2)
The
occupant shall contract with the Village’s recycling contractor
for the pickup of major appliances.
(3)
Waste
oil shall be taken to a service station, repair garage or new car
dealer that accepts waste oil.
(4)
Waste
tires shall be left with the retail business that sold the replacement
tires.
(5)
The
occupant shall dispose of yard waste at his/her expense. Leaves and
branches may be placed at the curb for Monday morning pickup by the
Village Department of Public Works during the months of April though
November.
C.
All materials brought to the Village recycling yard as permitted in Subsection A hereof, whether recyclable materials or other materials accepted by/at the Village as specifically indicated on posted signs, shall be placed in the dumpster, receptacle or area assigned or designated for those materials. No person shall place or cause to be placed any unauthorized materials in the Village recycling yard.
D.
Any Village resident, before entering the Village recycling yard to deposit any material permitted for disposal at the recycling yard pursuant to Subsection A hereof, shall first obtain an access card from the Village Clerk and pay the annual access card fee as set by resolution of the Village Board. Only waste material generated at the address registered with the Village for the access card may be deposited at the Village recycling yard. No person other than a Village employee or official or employee of the Village’s garbage disposal contractor may enter the Village recycling yard without an access card.
[Amended 12-12-2005 by Ord. No. 37-05; 4-13-2015 by Ord. No. 5-15; 5-11-2015 by Ord. No. 8-15]
Placement for collection. Except as otherwise directed by the Village Board, occupants of single-family and two-to-four-unit residences shall place the recyclable materials specified in § 231-16E through N in the approved recyclables container provided by the Village’s garbage disposal contractor. The recyclable materials shall be commingled pursuant to the Village’s single-stream collection program.
A.
Vehicles must be parked so as not to hinder locating
or collecting the recyclables placed at the curb.
B.
The Village will not be liable for damage to any property
where sanitation crews collect recyclable materials from other than
the curb.
C.
No recyclables containers 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 disposal of recyclable materials.
D.
All recycling containers shall be placed in collection
locations as designated above by 7:00 a.m. on the day of collection
but not before 5:00 p.m. on the day prior to collection.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 231-16E through O:
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify tenants in writing at the time of renting or
leasing the dwelling and at least semiannually thereafter about the
established recycling program.
(3)
Provide for the collection of the materials separated
from the solid waste by the tenants and the delivery of the materials
to a recycling facility.
(4)
Notify tenants of reasons to reduce and recycle solid
waste, which materials are collected, how to prepare the materials
in order to meet the processing requirements, collection methods or
sites, locations and hours of operation, and a contact person or company,
including a name, address and telephone number.
(5)
Provide a written certification every year to the
Village Clerk that all recycling requirements have been met.
[Amended 3-8-2010 by Ord. No. 2-10]
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 231-16E through O from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 231-16E through O:
(1)
Provide adequate, separate containers for the recyclable
materials.
(2)
Notify in writing, at least semiannually, all users,
tenants and occupants of the properties about the established recycling
program.
(3)
Provide for the collection of the materials separated
from the solid waste by the users, tenants and occupants and the delivery
of the materials to a recycling facility.
(4)
Notify users, tenants and occupants of reasons to
reduce and recycle, which materials are collected, how to prepare
materials in order to meet the processing requirements, collection
methods or sites, locations and hours of operation, and a contact
person or company, including name, address and telephone number.
(5)
Provide a written certification every year to the
Village Clerk that all recycling requirements have been met.
[Amended 3-8-2010 by Ord. No. 2-10]
B.
The requirements specified in Subsection A 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 Department of Natural Resources that recovers for recycling the materials specified in § 231-16E through O from solid waste in as pure a form as is technically feasible.
[Added 12-15-2008 by Ord. No. 30-08]
All recyclable materials placed at the curb
for pickup or placed in or near containers on Village property designated
for collection of such materials shall become the property of the
Village and its recycling contractor. No unauthorized person shall
remove or take any such recyclable materials.
For the purpose of ascertaining compliance with
the provisions of this article, any authorized officer, employee or
representative of the Village of Belgium may inspect recyclable materials
separated for recycling, postconsumer waste intended for disposal,
recycling collection sites and facilities, collection vehicles, collection
areas of multiple-family dwellings and nonresidential facilities and
properties, and any records relating to recycling activities, which
shall be kept confidential when necessary to protect proprietary information.
No person may refuse access to any authorized officer, employee or
authorized representative of the Village of Belgium who requests access
for purposes of inspection and who presents appropriate credentials.
No person may obstruct, hamper or interfere with such an inspection.
A.
Any person who violates a provision of this article
may be issued a citation by the Village of Belgium Marshal 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.
C.
If any person responsible for placing or causing to be placed any
unauthorized materials in the Village recycling yard fails to pick
up and remove such materials after being notified to do so by the
Village, the Village shall arrange to have such materials removed
by Village employees or a private contractor. The entire Village expense
incurred for investigating the incident and removal of the unauthorized
materials shall be charged to the person responsible for placing or
causing to be placed the unauthorized materials. If such sum is not
promptly paid by the responsible person, steps shall be taken, with
the advice of the Village Attorney, to collect the same. This charge
shall be in addition to any forfeiture or other penalty for violation
of this article.
[Added 6-12-2017 by Ord.
No. 8-17]
D.
As an alternative to or in addition to any other penalties provided for in this section, if a person violates § 231-19C the Village Marshal shall issue a verbal warning to such person. If that person again violates § 231-19C after receiving a verbal warning, the Village shall revoke that person's recycling yard access card for the remainder of the calendar year. If that person violates § 231-19C a third time, the Village shall not thereafter issue a recycling yard access card to that person.
[Added 9-9-2019 by Ord. No. 14-19]
