Chapter 66

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Garbagei> means discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food.

Refusei> means combustible and noncombustible discarded material including, but not limited to, trash, rubbish, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter and street rubbish, sewage treatment residue, industrial wastes, dead animals, mine tailings, gravel pit and quarry spoils, toxic and hazardous wastes and material and debris resulting from construction or demolition.

Salvageable materiali> means discarded material no longer of value as intended, but which is stored or retained for salvage, sale or future reuse.

Solid wastei> means as specified in W.S.A., § 144.01(15).

Toxic and hazardous wastesi> means waste materials such as pesticide, acids, caustics, pathological wastes, radioactive materials, flammable or explosive materials and similar chemicals and harmful wastes which require special handling and disposal to protect and conserve the environment.

(Code 1966, § 6.07(6)(b); Ord. No. 543, § 1(21), 10-4-94)

Cross References: Definitions generally, § 1-2.

Sec. 66-2. Penalty for violation of chapter.

A penalty for the violation of this chapter shall be as provided in section 1-12.

(Code 1966, § 6.09)

Sec. 66-3. Burning of rubbish, leaves or other materials.

No person shall light a fire nor burn rubbish, leaves or other material on any street or alley in the village except as provided in section 66-29(b).

(Code 1966, § 6.08)

Cross References: Fire prevention and protection, ch. 38.

Secs. 66-4--66-25. Reserved.

ARTICLE II.

COLLECTION AND DISPOSAL

Sec. 66-26. Applicability of article.

Provisions of this article govern the storage, collection, transportation, treatment utilization, processing and disposal of solid waste by any person for the protection of the environment in the village.

(Code 1966, § 6.07(6)(a))

Sec. 66-27. Storage.

(a) The owner and occupant of any premises, business establishment or industry shall be responsible for the sanitary storage of all solid waste accumulated at the premises, business establishment or industry.

(b) Garbage and similar putrescible waste shall be stored in:

(1) Durable, rust resistant, nonabsorbent, watertight, rodentproof and easily cleanable containers, with close fitting, flytight covers and having adequate handles or bails to facilitate handling; or

(2) Other types of containers acceptable to the village and conforming to the intent of this article. The size and allowable weight of the containers shall be limited to containers holding not more than 30 gallons, nor weighing more than 75 pounds.

(d) Toxic or hazardous materials or substances shall be stored in watertight, tightly covered, adequately labelled containers and in a safe location.

(e) All containers for the storage of solid waste shall be maintained in such a manner as to prevent the creation of a nuisance or menace to public health. Containers which are broken or otherwise fail to meet requirements of this section shall be replaced by the owner with acceptable containers.

(f) Objects too large or otherwise unsuitable for storage containers shall be stored in a nuisance free manner and consistent with the directions of the village.

(Code 1966, § 6.07(6)(c))

Sec. 66-28. Collection and transportation.

(a) The owner and occupant of any premises, business establishment or industry shall be responsible for the satisfactory collection and transportation of all solid waste accumulated at that premises, business establishment or industry to a solid waste disposal site or facility established for, or approved by, the village for such purpose. Collection and transportation shall be by the village, or its contractors, for residential and commercial properties normally once per week, except for emergencies. No collecting or transporting service shall be provided to any person not fulfilling the storage requirements of section 66-27.

(b) Collection and transportation of solid waste for industrial properties, including junked automobiles, demolition material, mine tailings, gravel pit and quarry spoils, toxic and hazardous waste material and debris resulting from construction or demolition and incineration residue shall be removed by the owner. Accumulations thereof shall not be permitted to be stored on the premises for a period exceeding ten days.

(c) Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak or spill therefrom, and shall be covered when necessary to prevent the blowing of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.

(Code 1966, § 6.07(6)(d))

Sec. 66-29. Disposal.

(a) No person shall dispose of any solid waste, including salvageable material, at any site, facility or property within the village limits, except at an approved site established by the village board. The director of public works shall be empowered to establish rules and regulations for the use, maintenance, operation, hours of operation, and quantity and type of material acceptable. Solid waste not acceptable within the approved disposal site shall be disposed of by the owner outside the village limits, at his own cost and expense. Any such site located within the village limits, or owned by the village, shall be limited to the use by residents of the village only.

(b) Disposal of solid waste by burning shall not be permitted within the village limits, except in residential areas trash burning may be permitted, if a wire refuse burner, basket or metal enclosure with cover attached, is used, to prevent the escape of sparks, burning material and smoke. Such burning must be done in such a manner as not to constitute a public nuisance as set forth in section 34-26(6), and further may be restricted where the fire chief determines that a fire hazard may or does exist.

(Code 1966, § 6.07(6)(e))

State Law References: Removal of rubbish generally, W.S.A., § 66.049; solid wastes, refuse, etc., W.S.A., § 144.43 et seq.

Sec. 66-30. Fees.

(a) The fees charged by the village to the property owner at the time a residential occupancy permit is issued so as to reimburse the village for the remainder of the year's garbage/recycling fee shall be specified in the most current village board resolution. The fee to be charged shall be determined by the third month following the month the building permit is to be issued.

(b) This fee shall be charged on a per residential unit basis for all multifamily properties.

(c) At such time that the village's garbage/recycling fees are increased, then the amount charged above may be amended by resolution of the village board.

(Ord. No. 769, § I, 8-16-05; Ord. No. 783, § I, 10-18-05)

Secs. 66-31--66-50. Reserved.

ARTICLE III.

RECYCLING

DIVISION 1.

GENERALLY

Sec. 66-51. Purpose of article.

The purpose of this article is to promote recycling, composting and resource recovery through the administration of an effective recycling program, as provided in W.S.A., § 159.11, and chapter NR 544, Wis. Adm. Code.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(A), 10-4-94)

Sec. 66-52. Statutory authority of article.

This article is adopted as authorized under W.S.A., § 159.09(3)(b), and Wis. Adm. Code, NR 544.04(2) and 544.06.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(B), 10-4-94)

Sec. 66-53. 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.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(C), 10-4-94)

Sec. 66-54. Interpretation of article.

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 state 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 state statute, or by a standard in chapter NR 544. Wis. Adm. Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the state statutes and the chapter NR 544 standards in effect on the date of the adoption of the ordinance from which this section derives, or in effect on the date of the most recent text amendment of this article.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(D), 10-4-94)

Sec. 66-55. Applicability of article.

The requirements of this article shall apply to all persons and entities within the corporate limits of the village.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(F), 10-4-94)

Sec. 66-56. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bi-metal containeri> means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.

Container boardi> means corrugated paper board used in the manufacture of shipping containers and related products.

Foam polystyrene packingi> means 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; and

(3) Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

HDPEi> means high density polyethylene, labeled by the SPI code #2.

LDPEi> means low density polyethylene, labeled by the SPI code #4.

Magazinesi> means magazines and other materials printed on similar paper.

Major appliance or white goodsi> means a residential or commercial air conditioner, clothes washer, dishwasher, freezer, residential or commercial furnace, boiler, dehumidifier, water heater, oven, refrigerator, stove or microwave oven if the capacitor has not been removed.

Multiple-family dwellingi> means a property containing five or more residential units, including those which are occupied seasonally.

Newspaperi> means a newspaper and other materials printed on newsprint.

Nonresidential facilities and propertiesi> means commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.

Office paperi> means 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 resinsi> means plastic resins labeled by the SPI code #7.

Personsi> means any individual, corporation, partnership, association, local governmental unit, as defined in W.S.A., § 66.299(1)(a), state agency or authority or federal agency.

PETEi> means polyethylene terephthalate, labeled by the SPI code #1.

Plastic containeri> means 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 wastei> means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in W.S.A., § 144.61(5), waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in W.S.A. § 144.44(7)(a)(1).

PPi> means polypropylene, labeled by the SPI code #5.

PSi> means polystyrene, labeled by the SPI code #6.

PVCi> means polyvinyl chloride, labeled by the SPI code #3.

Recyclable materialsi> means 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; ridged plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bi-metal containers.

Solid waste facilityi> means as specified in W.S.A., § 144.43(5).

Solid waste treatmenti> means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. The word "treatment" includes incineration.

Waste tirei> means a tire that is no longer suitable for its original purpose because of wear, damage or defect.

Yard wastei> means 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 or ornamental Christmas trees.

(Ord. No. 543, § 1(1--20, 22--25), 10-4-94)

Cross References: Definitions generally, § 1-2.

Sec. 66-57. Administration.

The provisions of this article shall be administered by the village board or its designees.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(G), 10-4-94)

Sec. 66-58. Enforcement of article.

(a) For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee, agent or representative of the village 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, agent or authorized representative of the village who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

(b) The requirements specified in subsection (a) of this section do not apply to the owners or designated agents of nonresidential facilities and properties or mobile home parks 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 section 66-73(5)--(15) from solid waste in as pure a form as is technically feasible.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(5), 10-4-94)

Sec. 66-59. Penalty for violation of article.

(a) Any person who violates a provision of this article may be issued a citation by the village police department. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.

(b) Penalties for violating this article may be assessed as follows:

(1) Any person who violates section 66-82 may be required to forfeit $50.00 for a first violation, $200.00 for a second violation, and not more than $2,000.00 for a third or subsequent violation.

(2) Any person who violates a provision of this article, except section 66-82, may be required to forfeit not less than $10.00 nor more than $1,000.00 for each violation.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(Y), 10-4-94)

State Law References: Penalties concerning land disposal and incineration generally, W.S.A., § 159.95.

Secs. 66-60--66-70. Reserved.

DIVISION 2.

SOURCE SEPARATION OF GARBAGE, REFUSE AND RECYCLABLES

Sec. 66-71. Dumping.

It shall be a violation of this article for any person or entity to dump, leave or otherwise place any solid waste or recyclable materials on property not owned by such individual or entity except or as otherwise directed by the village or its agents.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(U), 10-4-94)

Sec. 66-72. Nondisposable materials.

It shall be unlawful for any person to place for disposal any of the following wastes: Hazardous and toxic wastes, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, medical wastes unless such wastes are personal needles which shall be contained in cardboard to eliminate injury to collection personnel.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(V), 10-4-94)

Sec. 66-73. Garbage from outside of municipality.

It shall be unlawful to bring refuse for disposal (and recyclables) from outside the corporate limits into the village unless authorized by agreement with the village.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(W), 10-4-94)

Sec. 66-74. Use of recycling facilities.

The recycling facilities of the village shall be solely for the use of village residents and businesses located within the corporate limits of the village.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(X), 10-4-94)

Sec. 66-75. Separation of recyclable materials.

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, except as expressly provided in this division:

(1) Lead acid batteries;

(2) Major appliances;

(3) Waste oil;

(4) Yard waste;

(5) Aluminum containers;

(6) Bi-metal 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; and

(15) Waste tires.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(J), 10-4-94)

Sec. 66-76. Separation requirements exempted.

The separation requirements of section 66-75 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 postconsumer waste to a processing facility licensed by the state department of natural resources that recovers the materials specified in section 66-75 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 percent of the heat input to the facility is derived from the solid waste burned as supplemental fuel.

(3) A recyclable material specified in section 66-75(5)--(15) for which a variance has been granted by the department of natural resources under W.S.A., § 159.11(2m), or NR 544.14, Wis. Adm. Code.

(4) Rigid plastic containers made of PVC, LDPE, PP, PS and other resins or multiple resins shall not be required to be separated from postconsumer waste until January 1, 1996.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(K), 10-4-94)

Sec. 66-77. Care of separated recyclable materials.

To the greatest extent practicable, the recyclable materials separated in accordance with section 66-75 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.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(L), 10-4-94)

Sec. 66-78. Management of lead acid batteries, major appliances, waste oil, yard waste and tires.

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, yard waste and tires as follows:

(1) Lead acid batteries that are whole and unbroken may be placed curbside, adjacent to the recycling bin, at the time set forth in section 66-83.

(2) Major appliances may be disposed of on a weekly basis. Arrangements shall be made through the village clerk's office. The owner may be billed for such pickups.

(3) Waste oil may be placed curbside in securely sealed gallon containers adjacent to the recycling bin at the time as set forth in section 66-83.

(4) Yard waste shall be managed by the citizen or nonresidential entity through a compost program. Yard waste may be collected two times per year at curbside by the village's licensed hauler. Branches and tree cuttings may be collected two times per year at curbside by the village's licensed hauler. All branches and tree cuttings shall be cut in lengths of less than four feet in length and securely bundled to a diameter of less than four feet in length and securely bundled to a diameter of less than two feet. Leaves may be collected twice per year by the village's licensed hauler. Leaves shall be in clear plastic bags and placed at curbside. Notice of yard waste pickup shall be accomplished by publication in the Mukwonago Chief.

(5) A maximum of one tire may be placed curbside on such dates and at such times as the village shall establish. The fee for the recycling of such materials shall be established by the village board from time to time, based upon the cost of disposal.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(M), 10-4-94)

Sec. 66-79. Preparation and collection of recyclable materials.

Except as otherwise directed by the village board or its designees, 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 section 66-75(5)--(15):

(1) Aluminum containers, bi-metal containers and steel containers shall be rinsed free of product residue and placed in the recycling bin and placed at the curb at the time set forth in section 66-83.

(2) Corrugated paper or other materials shall be free of debris, flattened, stacked and tied and placed in a clear plastic bag and put on the curb at the time set forth in section 66-83.

(3) Foam polystyrene packaging shall be prepared for collection as specified from time to time by the village and/or the hauler.

(4) Glass containers shall be rinsed free of product residue, caps shall be removed and discarded, and the glass container shall then be placed in the recycling bin and placed at the curb at the time set forth in section 66-83.

(5) Newspapers, magazines, cardboard boxes, office paper, grey board (cereal boxes, etc.), paper board, books and any clean dry paper shall be free of debris and shall be flattened, stacked and tied or, in the alternative, placed inside of a paper bag and then placed at the curb at the time set forth in section 66-83.

(6) Rigid plastic containers shall be prepared and collected as follows:

a. Rigid plastic containers made of HDPE or PETE including milk jugs, detergent bottles, etc., shall be rinsed free of product residue and caps shall be removed and discarded. Such plastic materials shall be placed in the recycling bin.

b. Rigid plastic containers made of PVC, LDPE, PP, PS or other resins shall, beginning on January 1, 1996, be rinsed free of product residue and the caps shall be removed and discarded. The containers shall be placed in the recycling bin.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(N), 10-4-94)

Sec. 66-80. Responsibilities of owners or designated agents of multiple-family dwellings.

(a) Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in section 66-75(5)--(15):

(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) of this section 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 section 66-75(5)--(15) from solid waste in as pure a form as is technically feasible.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(O), 10-4-94)

Sec. 66-81. Responsibilities of owners or designated agents of nonresidential facilities and properties including trailer parks.

Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in section 66-75(5)--(15):

(1) Provide adequate, separate containers for the recyclable material.

(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.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(P)(1), 10-4-94)

Sec. 66-82. Prohibitions on disposal of recyclable materials separated for recycling.

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 section 66-75(5)--(15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(Q), 10-4-94)

Sec. 66-83. Collection.

(a) All recyclable materials and all solid waste shall be placed at the curb or road edge for pickup not more than 12 hours before the collection date. All containers shall be removed within eight hours following the pickup. Date of collection shall be determined by the clerk's office and the contractor, subject to emergency situations. Collection dates shall be uniform on a weekly basis. Collection of dumpsters shall be by agreement of the owner and contractor.

(b) The contractor may refuse to furnish collection service to any person not complying with or refusing to comply with this article.

(c) All solid waste shall be placed in metal or heavy duty plastic containers, boxes or plastic bags secured by a lid or securely tied to prevent access to flies and other insects. The total weight of the filled container shall not exceed 50 pounds.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(R), 10-4-94)

Sec. 66-84. Unauthorized collection.

All solid waste and recyclable materials placed at the curb by users of the village's refuse collection service, as provided through its authorized hauling agent for collection, become the property of the village or its authorized hauling agent from the time of placement at the curb. It shall be a violation of this section for any person unauthorized by the village to collect or cause to be collected these items.

(Code 1966, § 6.08; Ord. No. 543, § 6.08(T), 10-4-94)