Village of Cottage Grove, WI Solid Waste

The Village of Cottage Grove finds participation in a mandatory source separation recycling program appropriate in this jurisdiction to conserve available, local landfill capacity. The Village further finds it appropriate to participate in both County-wide and statewide recycling programs to conserve energy, recycle valuable resources and protect public health, welfare and the environment. The Village also finds participation in these programs appropriate to achieve consistency with County-wide recycling policies to ensure that the Village will be able to use the County-owned landfill and the County material recycling facility.

§ 264-2 Authority; applicability.

This article is adopted as authorized under s. 287.09(3)(b), Wis. Stats., in order to promote recycling and resource recovery activity through the administration of an effective recycling program as provided in s. 287.11, Wis. Stats., and Chapter NR 544, Wis. Adm. Code.

The provisions of this article shall be applicable to all persons or entities, however organized, located within the Village of Cottage Grove.

§ 264-3 Administration.

The provisions of this article shall be administered by the Village Clerk.

§ 264-4 Definitions.

The following definitions shall be applicable in this article:

BIMETAL CONTAINER

A container for carbonated or malt beverages 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:

It is designed for serving food or beverages.

It consists of loose particles intended to fill space and cushion the packaged article in a shipping container.

It 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.

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, oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.

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

Includes any individual, corporation, partnership, association, local governmental unit, as defined in s. 66.299(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 s. 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles or high-volume industrial waste, as defined in s. 289.01(17), Wis. Stats.

Polypropylene, labeled by the SPI Code No. 5.

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 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.

SOLID WASTE

The meaning specified in s. 289.01(33), Wis. Stats.

SOLID WASTE FACILITY

The meaning specified in s. 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 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 six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.

§ 264-5 Mandatory source separation and collection.

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:

Lead acid batteries.

Major appliances.

Waste oil.

Yard waste.

Aluminum containers.

Bimetal containers.

Corrugated paper or other container board.

(8)

Foam polystyrene packaging.

Glass containers.

Magazines.

Newspaper.

Office paper.

Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins.

(14)

Steel containers.

(15)

Waste tires.

Nonrecyclable material. Nonrecylable materials, including garbage, shall be placed curbside for collection by the collector/hauler at a time designated by the Village of Cottage Grove. Unless dumpsters or other bins are available, these materials shall be placed in containers or bags not exceeding 30 gallons in capacity or 50 pounds in weight and which must be securely closed. Reasonable alternate accommodations that are safe and unobtrusive may be made for disposal of refuse.

Newly constructed residential and commercial properties, once the certificate of occupancy has been issued, shall be responsible for garbage and recycling fees from that month to the end of the current budget year. The fee per month shall be calculated based upon four weekly trip charges for recycling and garbage collection and is due once the certificate of occupancy is issued.

[Added 12-6-2004 by Ord. No. 10-2004]

§ 264-6 Exemptions.

The separation requirements of § 264-5 do not apply to the following:

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 § 264-5 from solid waste in as pure a form as is technically feasible.

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.

A recyclable material specified in § 264-5A(5) through (15) for which a variance has been granted by the Department of Natural Resources under s. 287.11(2m), Wis. Stats., or Section NR 544.14, Wis. Adm. Code.

§ 264-7 Preparation of recyclable materials.

Acceptable recyclable materials shall be prepared in accordance with the following standards for collection purposes:

(1)

Newsprint shall be dry, free of paper not normally included in the newspaper and not sunburnt. Newspaper shall be securely tied in neat bundles less than 12 inches thick or placed in suitable containers facilitating handling and collection.

(2)

Corrugated cardboard shall be kept flattened and securely tied in bundles or placed in suitable containers facilitating handling and collection.

(3)

Glass containers shall be empty, clean and free of metal caps and rings, other contaminants such as window glass, drinking glasses, ceramic and similar materials.

(4)

Metal cans shall be empty and clean, with labels removed.

(5)

Plastic containers shall not be tied together and shall be empty, clean and have caps removed.

(6)

Lead acid batteries shall have all caps firmly attached and be free from leaks.

(7)

Used oil shall be from motor vehicles, be free of contaminants and in tightly sealed, nonleaking containers.

(8)

Tires shall include automobile and light truck tires and shall be removed from rims.

(9)

Corrugated cardboard and newspaper shall not be intermixed, bundled together or mixed with other recyclable materials such as paper.

(10)

Alternative preparation standards may be adopted by the Board and will be available to the public at the Village of Cottage Grove Municipal Building.

(11)

Furthermore, additional preparation standards may be provided by notice to generators of waste and collectors/haulers or by amendment to this subsection when other materials become recyclable dependent upon available economic markets.

Use of alternate collection points. All persons or entities generating solid waste shall separate recyclables from nonrecyclables and shall take all the following recyclable materials to available recycling collection points: corrugated cardboard, glass, newspaper, paper, plastic, metal cans, lead acid batteries, major appliances, used oil, tires and other materials deemed recyclable, as economic markets become available. Persons transporting recyclables to collection points shall meet preparation standards for those materials.

§ 264-8 Responsibilities of owners or designated agents of multiple-family dwellings.

Owners or designated agents of multiple-family dwellings shall do all of the following to recycle as outlined within this article:

(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 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.

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 § 264-5A(1) through (15) from solid waste in as pure a form as is technically feasible.

§ 264-9 Responsibilities of owners or designated agents of nonresidential facilities and properties.

Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 264-5A(1) through (15):

(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 a name, address and telephone number.

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 § 264-5A(1) through (15) from solid waste in as pure a form as is technically feasible.

§ 264-10 Collection and handling of recyclables.

No person, persons or other entity generating waste within the Village of Cottage Grove shall do any of the following:

Mix or permit intermixing of recyclable and nonrecyclable materials intended for collection by a collection/hauler or intended to be processed at a materials recycling facility.

Deposit of cause to be deposited any recyclable material at any authorized collection point when the site is closed or not operating.

Deposit or cause to be deposited any recyclable material in or upon any public street, public waters or public grounds in the Village of Cottage Grove except at authorized locations within appropriate packaging or placed into appropriate containers during specifically authorized collection periods if any are provided.

Deposit or cause to be deposited any recyclable material in any container not specifically intended for the collection of that type or group of recyclable material.

Deposit or cause to be deposited any nonrecyclable material in any container specifically intended for the collection or deposit of recyclable material.

Anti-scavenging provision. Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection. All recyclable materials placed for collection pursuant to this article shall thereupon become the property of the Village of Cottage Grove or the Village of Cottage Grove's authorized agent or a private collector/hauler with whom persons in the Village of Cottage Grove have contracted to perform functions pursuant to the recycling plan provided in this article. Only persons authorized by the Village of Cottage Grove or the generator of waste shall collect or handle recyclable materials once those materials have been placed appropriately for collection. Any and each collection by unauthorized persons in violation of this provision shall constitute a separate and distinct offense punishable as provided hereinafter.

§ 264-11 Promulgation of regulations.

It is expected from time to time that applicable federal and state statutes and regulations will require items other than the items which have been deemed to be recyclable herein to be recycled. In such event, this article shall be deemed to include and shall require such other items to be recyclable hereunder.

The Village Board shall prepare regulations, standards and schedules as necessary to make effective all provisions of this article. Periodically, upon a schedule adopted, the Village Board shall prepare notices and distribute other information to persons and entities generating waste within the Village of Cottage Grove for the purpose of informing the public about the requirements dictated by this mandatory source separation recycling article.

§ 264-12 Violations and penalties.

General. Except as provided in Subsection B below, any person who violates this article shall be subject to the general penalty provisions of Chapter 1, General Provisions, § 1-19 of this Code.

Any person who violates any provisions of this article or any regulations promulgated pursuant to this article shall forfeit, upon conviction thereof, not less than $50 nor more than $200 for each separate violation hereunder, provided that the range of the forfeiture for the third and any subsequent violation of this article or regulations promulgated pursuant thereto within a twelve-month period shall be not less than $100 nor more than $500 for each separate violation. Each incident of violation shall be a separate offense, and each day or part thereof during which a violation occurs or continues shall be deemed a separate offense.