Village of Sauk City, WI Chapter 276 Solid Waste

[HISTORY: Adopted by the Village Board of the Village of Sauk City as Chs. 8.03 and 8.08 of the 1970 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Brush, grass and weeds— See Ch. 109.

Open burning — See Ch. 120.

Junkyards — See Ch. 195.

Nuisances — See Ch. 224.

Abandoned vehicles — See Ch. 313.

Article I Garbage and Refuse

§ 276-1 Purpose.

The collection of garbage and/or refuse as defined in this article and its disposition and removal are declared to be a municipal function and enterprise in the interest of public health, welfare, safety and sanitation.

§ 276-2 Definitions.

The following words, when used in this article, shall have the meanings respectively ascribed to them:

CONTAINER

Substantially constructed of metal, plastic or other nonabsorbent material, 20 to 30 gallons in capacity, with suitable handle and separate, close-fitting covers, or plastic bags, or standard truck-loading steel containers with hinged covers, on swivel-type caster wheels. Any of such containers shall be capable of being handled by one person or with mechanical equipment.

DEALER

A person, firm or corporation engaged in selling or offering for sale household appliances and equipment and/or tires.

GARBAGE

Includes all refuse accumulations of animal, fruit or vegetable matter that attend the preparation, processing, use, cooking, sale, dealing in or storage of meat, fish, fowl, fruit or vegetables and containers or wrappers originally used for foodstuffs.

LICENSED SITE

Any disposal site that has been properly and officially licensed by the Department of Natural Resources shall be termed a "licensed site."

LIVING UNIT

A building or portion thereof used or designated for housekeeping purposes.

PREMISES

A parcel of land, whether composed of one or more Village lots, upon which any building or group of buildings is located, and it shall expressly apply when more than one building is located upon a lot or lots under a single ownership or management.

REFUSE

A. Includes, without limitation because of enumeration, tin cans, papers, cartons, boxes, barrels, excelsior, bundled tree branches, yard trimmings and containers, bedding, and noncombustible trash, including but not limited to glass, rubber and plastic materials, crockery, other mineral wastes, street rubbish and litter, sweepings, dirt, leaves and ashes.

B. "Refuse" shall not include dead animals; toxic and hazardous waste materials as defined in the Department of Natural Resources Solid Waste Disposal Standards; automobiles, auto bodies, doors, trunk covers, frames and engines; tires used for autos and farm implements and machinery from dealers; home appliances; or earth, waste materials and debris resulting from building construction, remodeling or demolition, including shingles and roofing debris.

USER

Any owner or tenant of residential, commercial, industrial, or agricultural property within the Village limits of the Village who presents garbage and refuse for collection in accordance with terms of this article.

§ 276-3 Collection fee.

As authorized by §§ 66.0405 and 66.0703, Wis. Stats., there is hereby created a garbage and refuse collection fee which shall be adopted by resolution by the Village Board from time to time.

§ 276-4 Special assessments.

Pursuant to the authority of § 66.0703, Wis. Stats., in addition to all other methods provided by law, charges for the garbage and refuse collection services imposed pursuant to this article may be placed as a special assessment against the property served and shall be a lien against the property from the date of levy in accordance with the Wisconsin Statutes. The Village Administrator shall certify to the Village Board the unpaid balances, and such amounts shall be collected and enforced in the manner provided for by law in the collection and enforcement of special assessments.

§ 276-5 Placement for collection.

A. All garbage accumulation between times of collection shall be placed in containers and the covers securely placed thereon and shall be drained of all liquid and packaged securely by wrapping in paper, plastic, or by other approved means, and refuse may be placed outside such containers when securely bundled or placed in baskets, boxes or other receptacles in such manner as to permit easy handling.

B. Garbage containers or other containers for refuse shall be presented for collection at the side or rear of the premises where vehicular access is possible, and in all other instances the same shall be place on the tree bank at the front of the property. The Village Administrator or his designee is empowered to require the relocation of such containers so as to provide a readily accessible and convenient site.

C. Garbage and refuse containers are to be placed at the collection sites no more than 18 hours before collection time and shall be removed from collection sites 18 hours after pickup, and under no circumstances shall containers be stored in the street or alley.

D. Steel containers. Garbage may be placed in standard truck-loading steel containers, with hinged-type covers of adequate size and number, on swivel-type caster wheels, that are easily maneuvered by one man not exceeding two cubic yards in capacity. Further, standard truck-loading steel containers as herein specified shall be provided when garbage can containers exceed eight in number at any premises; provided, however, that physical characteristics of the property allow the maneuvering of the refuse collection vehicle to a point of reasonably close proximity to the steel container.

E. Container enclosures. The Village Administrator is empowered to require the construction of adequate enclosures for refuse containers whenever the location is such that weather elements or vandalism results in refuse being scattered about the premises so as to constitute a health hazard or a nuisance or when, in the opinion of the Village Administrator, the location of the refuse containers for the property will have an adverse effect for adjoining properties or when the property will be aesthetically enhanced by such refuse enclosures. Any enclosures for refuse containers shall be large enough so that the containers will not bend and shall have adequate openings so it will be feasible to remove the containers by sliding rather than lifting.

§ 276-6 Collection and disposal.

A. It shall be mandatory upon all occupants or persons in possession, charge or control of places or premises within the Village in or from which garbage and/or refuse is created, accumulated or produced to dispose of the same. Garbage and refuse collection service will be provided by the Village.

B. The collection, removal and disposition of garbage and refuse shall be provided under the supervision, direction and control of the Village Board, or its designated representative, and may be furnished directly by the Village, or such service may be contracted for with an individual, firm or corporation.

C. The specifications and provisions for any contract for the collection, removal and disposition of garbage and/or refuse shall be prepared at the instance and under the direction of the Village Administrator, and the contract must be approved by the Village Board.

D. Such contract, when awarded, shall be subject to all of the terms of this article and such other rules and regulations as will hereafter be adopted. Such contract shall contain a clause regulating the disposition of garbage and refuse and may contain such other reservations as meet the approval of the Village Board.

E. No person, firm or corporation shall collect garbage and refuse for hire from any residential premises within the Village other than the Village or the individual, firm or contractor holding the contract for such collection, unless such person, firm or corporation has a license from the Village to make such collections, in which event the license fee shall be as set by the Village Board. Such person, firm or corporation shall then be required to comply with all of the provisions of this article.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 276-7 Appeal of collection rate.

Any user may appeal to the Village Board the collection rate that is currently imposed upon the user as provided for herein. All appeals shall be made directly to the full Village Board, and a decision shall be rendered by a majority vote of the members. The appellant shall provide by competent evidence proof that his or her classification rate is incorrect and competent evidence as to which rate classification is applicable.

§ 276-8 Special handling charge.

A special handling charge shall be imposed upon the unpaid balances for the garbage and refuse collection charge in an amount equal to 1 1/2% per month on the amount remaining unpaid. This charge is for the purpose of covering the cost of administration and handling the accounts that remain unpaid. All garbage and refuse charges are due in full upon receipt by the user.[1]

[1] Editor's Note: Original § 8.03.09, Mandatory recycling, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Art. II, Recycling, of this chapter.

Article II Recycling

§ 276-9 Authority; purpose; title.

A. Statutory authorization. This article is adopted pursuant to the authorization in § 287.09, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.

B. Purpose. 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.

C. Title. The title of this article shall be "Recycling Ordinance for the Village of Sauk City, Sauk County, Wisconsin."

§ 276-10 General provisions.

A. Abrogation and greater restrictions. 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.

B. Interpretation. 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.

C. Applicability. The requirements of this article apply to all persons within the Village of Sauk City, Sauk County, Wisconsin.

D. Administration. The provisions of this article shall be administered by the Village Board of the Village of Sauk City, Sauk County, Wisconsin.

§ 276-11 Separation of recyclable materials.

A. Separation requirements. Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:

(1) Lead acid batteries.

(2) Major appliances.

(3) Waste oil.

(4) Yard waste.

(5) Aluminum containers.

(6) Bimetal containers.

(7) Corrugated paper or other container board.

(8) Foam polystyrene packaging.

(9) Glass containers.

(10) Magazines.

(11) Newspaper.

(12) Office paper.

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

(14) Steel containers.

(15) Waste tires.

B. Separation requirements exempted. The separation requirements of Subsection A do not apply to the following:

(1) Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection A from solid waste in as pure a form as is technically feasible.

(2) 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.

(3) A recyclable material specified in Subsection A(1) through (15) for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.

C. Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection A 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.

§ 276-12 Lead acid batteries, major appliances, waste oil and yard waste.

Occupants of single-family and two- to 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. Lead acid batteries shall be taken to a retail business that sells batteries.

B. Major appliances. Major appliances shall be set at curbside for disposal by the Village-contracted hauler.

[Amended 6-13-2006 by Ord. No. 2006-4]

C. Waste oil. Residents shall contact the Village-contracted hauler for information on disposal of waste oil.

[Amended 6-13-2006 by Ord. No. 2006-4]

D. Yard waste.

[Amended 11-12-2019 by Ord. No. 2019-10; 9-14-2021 by Ord. No. 2021-3]

(1) Except as otherwise provided in this subsection, all yard waste set out for collection, including grass clippings, shall be bagged. All yard waste shall be placed on the tree bank behind the curb and not in the gutter or street or may be taken to a Village compost site at designated open times. Yard waste bags set out for collection shall not exceed 40 pounds. During the time period designated by the Village for leaf collection, leaves may be placed on the tree bank behind the curb and not in the gutter or street without being bagged, however leaves must be bagged at all other times. No person shall deposit grass clippings into the street or street gutter.

(2) Yard waste must be bagged using only biodegradable paper lawn/leaf bags. All other containers, including plastic bags, garbage bags, plastic containers, or similar containers are prohibited. Yard waste in prohibited containers will not be collected at the curb or accepted at the Village compost site.

(3) Branches and limbs do not need to be bagged. Brush must be piled neatly with all ends placed toward the curb. Brush must be cut no larger than three inches in diameter. Residents who hire a contractor to remove any tree are responsible for removing all logs and branches from the tree, regardless of size.

(4) Any person who violates this subsection shall be subject to the forfeitures as set forth in § 276-20C(2).

§ 276-13 Single- and two- to four-unit residences.

Except as otherwise directed by the Village Board, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 276-11A:

A. Aluminum containers. Aluminum containers shall be thoroughly rinsed free of product and placed in clear plastic bags and placed at curbside.

B. Bimetal containers. Bimetal containers shall be thoroughly rinsed free of product and placed in clear plastic bags and placed at curbside.

C. Corrugated paper or other container board. Corrugated paper or other container board shall be free of debris, flattened, stacked and tied and placed at curbside.

D. Foam polystyrene packaging. Foam polystyrene packaging shall be free of debris and placed in clear plastic bags and placed at curbside.

E. Glass containers. Glass containers shall be rinsed free of product and placed in clear plastic bags and placed at curbside.

F. Magazines. Magazines shall be bundled and tied and placed at curbside.

G. Newspaper. Newspaper shall be free of debris, stacked and tied and placed at curbside.

H. Office paper. Office paper should be placed in clear plastic bags and placed at curbside.

I. Rigid plastic containers. Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins shall be rinsed free of product, have their tops removed, and be placed in clear plastic bags which shall be placed at curbside.[1]

[Amended 6-13-2006 by Ord. No. 2006-4]

[1] Editor's Note: Original § 8.08.05A(10), which immediately followed this subsection, was deleted 6-13-2006 by Ord. No. 2006-4.

J. Steel containers. Steel containers shall be rinsed clean, have labels removed, and be placed in clear plastic bags and placed at curbside.

K. Waste tires. Waste tires shall have a ticket purchased from the Village-contracted hauler placed on them and should be set at curbside for disposal by the Village-contracted hauler.

§ 276-14 Multiple-family dwellings.

A. Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 276-11A:

(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.

B. The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer 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 § 276-11A from solid waste in as pure a form as is technically feasible.

§ 276-15 Nonresidential facilities and properties.

A. Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 276-11A:

(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.

B. The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer 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 § 276-11A from solid waste in as pure a form as is technically feasible.

§ 276-16 Prohibitions on disposal of recyclable materials.

No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in § 276-11A which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

§ 276-17 Hauler licensing.

No person or corporation shall engage in the business of contracting garbage or recyclables within the Village of Sauk City without being licensed by the Village and by the Department of Natural Resources under § NR 502.06, Wis. Adm. Code.

§ 276-18 Dumping.

It shall be unlawful for any person to dispose of or dump garbage in any street, alley, or other public place within the Village of Sauk City or in any receptacles or private property without the owner's consent.

§ 276-19 Word usage and definitions.

A. For the purpose of administering and enforcing this article, the terms or words used herein shall be interpreted as follows: words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number. The word "shall" is mandatory, not permissive.

B. The following terms used in this article have the meaning indicated:

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:

(1) Is designed for serving food or beverages.

(2) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.

(3) 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 § 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.

POST-CONSUMER 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

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.

SOLID WASTE

Has the meaning specified in § 281.01(15), Wis. Stats.

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 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.

§ 276-20 Enforcement.

A. For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Village of Sauk City may inspect recyclable materials separated for recycling, post-consumer 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 Sauk City who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

B. Any person who violates a provision of this article may be issued a citation by the Village of Sauk City 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.

C. Penalties for violating this article may be assessed as follows:

(1) Any person who violates § 276-16 of this article may be required, pursuant to §§ 287.95 and 287.97, Wis. Stats., to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.

(2) Any person who violates a provision of this article, except § 276-16, may be required to forfeit not less than $10 nor more than $1,000 for each violation.