Chapter 155

SOLID WASTE

[HISTORY: Adopted by the Village Board of the Village of Holmen as indicated in article histories. Amendments noted where applicable.]

ARTICLE I

Refuse Disposal and Recycling

[Adopted 7-14-1994]

§ 155-1.  Purpose. [Amended 10-12-2000 by Ord. No. 1.00]

The purpose of this article is to provide regulation for the proper collection and disposal of solid waste and to promote recycling, composting, and resource recovery through the administration of an effective refuse collection and recycling program, as provided in s. 287.11, Wis. Statutes, and Chapter NR 544, Wis. Administrative Code. 

§ 155-2.  Statutory authority. [Amended 10-12-2000 by Ord. No. 1.00]

This article is adopted as authorized under s. 287.09(3)(b), Wisconsin Statutes. 

§ 155-3.  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. 

§ 155-4.  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 Chapter NR 544, Wisconsin Administrative Code, and where the ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Chapter 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. 

§ 155-5.  Applicability.

The requirements of this article apply to all activities related to solid waste and recycling within the Village of Holmen. 

§ 155-6.  Administration.

The provisions of this article shall be administrated by the Village of Holmen Board and its designated agents. 

§ 155-7.  Definitions.

For the purposes of this article, the following terms shall have the meanings indicated: 

ALUMINUM CONTAINER — An aluminum container for food or beverages.  

BI-METAL CONTAINER — A container for beverages that is made primarily of a combination of steel and aluminum.  

COMPOST SITE — A site designated by the Village Board where citizens may drop off yard waste meeting criteria established by the Board.  

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:  

A.     Is designed for serving food or beverages.  

B.     Consists of loose particles to fill space and cushion the packaged article in a shipping container.  

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

GLASS CONTAINER — A container in which food or beverages are sold that is made of clear, green, or brown glass. Drinking glasses or crystal are not included.  

HDPE — High density polyethylene, labeled by the SPI code #2.  

HOUSEHOLD NONCOMBUSTIBLE RECYCLABLE MATERIALS — Aluminum, steel, bi-metal containers, and glass containers.  

LDPE — Low density polyethylene, labeled by the SPI code #4.  

MAGAZINES — Magazines and other materials printed on similar paper.  

MAJOR APPLIANCE — A residential air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven (where the capacitor has been removed), oven, refrigerator, stove, residential and commercial furnaces, boilers, dehumidifiers, water heaters or other appliances designated by the Village Board.  

MULTIPLE-FAMILY DWELLING — A building under one ownership containing three or more dwelling units, including those which are occupied seasonally.  

NEWSPAPER — Newspapers printed on newsprint.  

NONRESIDENTIAL FACILITIES AND PROPERTIES — Commercial, retail, industrial, institutional, and governmental facilities and properties. This term does not include multiple-family dwellings.  

NSP — Northern States Power Company's Refuse Derived Fuel Facility on French Island. This facility processes refuse to produce fuel for generating electricity.  

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 #7.  

PERSON — Includes any individual, corporation, partnership, association, and local governmental unit, as defined in s. 66.299(1)(a), Wis. Statutes, state agency or authority or federal agency.  

PETE — Polyethylene terephthalate, labeled by the SPI code #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. Statutes, waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in s. 289.01(17), Wis. Stats. [Amended 10-12-2000 by Ord. No. 1.00]  

PP — Polypropylene, labeled by the SPI code #5.  

PS — Polystyrene, labeled by the SPI code #6.  

PVC — Polyvinyl chloride, labeled by the SPI code #3.  

RECYCLABLE MATERIALS — Includes lead acid batteries, major appliances, waste oil, yard waste, aluminum containers, glass containers, steel containers, waste tires, and bi-metal containers, and other items or materials that may be designated by the Village Board.  

REFUSE — Household solid waste excluding recyclable materials.  

SOLID WASTE — Has the meaning specified in s. 289.01(33), Wis. Statutes. [Amended 10-12-2000 by Ord. No. 1.00]  

SOLID WASTE FACILITY — Has the meaning specified in s. 289.01(35), Wis. Statutes. [Amended 10-12-2000 by Ord. No. 1.00]  

SOLID WASTE TREATMENT — Any method, technique, or process that is designed to change the physical, chemical, or biological character or composition of solid waste. "Treatment" includes incineration.  

STEEL CONTAINER — A steel food or beverage container, commonly referred to as a "tin can."  

VILLAGE BOARD — The Village of Holmen Board.  

VILLAGE-SERVICED DWELLING — Any building containing dwelling units, or any condominiums, that receive refuse collection from the Village of Holmen.  

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.  

YARD WASTE SITE — A site designated by the Village Board where citizens may drop off non-woody yard waste.  

§ 155-8.  Unlawful deposit.

No person shall deposit or cause to be deposited in or on any public street, water, or grounds, or in any other place, any dead animal, rubbish, trash, refuse, dirt, junk, filth, offal, or any substance or material that will tend to contaminate or litter the area, or to create a strong odor or stench, or endanger public health. This section shall not apply to a sprinkling of clean sand or salt upon icy sidewalks, nor to the deposit on the person's own premises of refuse containers for collection. No person shall deposit or cause to be deposited in or near any private dumpster, trash can, or other private trash receptacle any refuse, trash, recyclable materials, or other items without the consent of the owner or authorized user of such dumpster, trash can or trash receptacle. No person shall deposit or cause to be deposited in or near any village owned or leased dumpster, trash can, or other village trash receptacle any refuse, trash, recyclable materials, or other items; except trash that is normally generated during the usual use of a village building, park, or other facility. 

§ 155-9.  Interference with refuse or recycling containers and their contents.

No person other than the owner, occupant, or tenant of the premises, or their agent, or the refuse collector employed by the village, or a village employee authorized by the Village Board, shall deposit any article or thing in refuse or recycling containers, or shall remove, displace, injure, deface, destroy, uncover, or disturb such containers or their contents. Recyclable materials upon placement at the alley or curb for collection shall become the property of the village. 

§ 155-10.  Refuse from outside the city.

It is unlawful for any person, firm or corporation to place, deposit, or cause to be deposited, for collection by the village or the village's contractor, any waste or refuse not generated within the limits of the Village of Holmen. 

§ 155-11.  Unacceptable waste.

No person shall place for collection any explosives, flammable liquids, liquid paint, any pesticides or toxic chemicals, carcasses, stumps, significant amounts of construction or demolition debris, soil, rocks, needles or razor blades not in a hard protective container, or human bodily wastes. 

§ 155-12.  General description of collection of refuse and recyclables for village-serviced dwellings. 

A.     The village will provide weekly collection of refuse and weekly collection of household recyclables for all village-serviced dwellings. Household recyclables will initially be household noncombustible recyclable materials. The list of items collected for recycling may be changed by order of the Village Board and become effective following public notice of such change. [Amended 10-12-2000 by Ord. No. 1.00] 

B.     Major appliances will be picked up biweekly, by appointment only. Furniture, carpet, and other approved large items will be picked up biweekly on the regular large item day, by appointment only. Brush will be chipped at curbside monthly. Nonwoody yard waste shall be composted on site of its origination or delivered to the Village yard waste site during open hours. [Amended 5-10-2007 by Ord. No. 4.07] 

C.     One bundle of waste lumber or other construction material not longer than four feet or heavier than 60 pounds may be placed for collection biweekly, by appointment only, so long as such material is not produced from a significant remodeling, construction, or demolition project that would create more than three such bundles in total; maximum of three such bundles annually. [Amended 5-10-2007 by Ord. No. 4.07]   

§ 155-13.  Approved containers for refuse materials.

Refuse from village-serviced dwellings shall be placed in a durable refuse container made of metal, rubber, plastic with two handles and fitted covers, or a strong, durable plastic bag with proper tie or closure. The owner of each village-serviced dwelling shall provide an adequate quantity of approved containers. Such containers shall not have a capacity larger than 33 gallons, and shall not weigh more than 60 pounds when filled, including the weight of the container and contents. The owner or occupant of any premise shall be responsible for promptly picking up and properly disposing of any trash or rubbish scattered by wind, rodents, or other animals. 

§ 155-14.  Placing of approved refuse and recycling containers.

Collection of refuse, large items, brush, and household recyclables for village-serviced dwellings will be at the alley line where alleys are available or at the curb where alleys are not available, unless otherwise approved by the Village Board. Refuse, large items, and recyclables shall be placed at the collection point not later than 5:00 a.m. on the designated collection day. Refuse containers and recycling bins shall not be placed out for collection more than 12 hours prior to collection, and shall be removed from the alley line or curb within 12 hours following collection. 

§ 155-15.  Preparation of refuse and recyclables. 

A.     Occupants of village-serviced dwellings shall separate all household noncombustible recyclable materials and clean them for recycling according to requirements established and publicized by the Village Board. 

B.     No person shall place any lead acid battery, waste oil, motor vehicle tire or tractor tire in or with postconsumer waste. Any person having waste oil or lead acid batteries shall take them to an appropriate private retail recycler. Motor vehicle tires and tractor tires shall be picked up weekly with the large items. 

C.     All discarded major appliances shall be picked up biweekly, by appointment only, with large items.  [Amended 5-10-2007 by Ord. No. 4.07] 

D.     The village and the village's contracted refuse hauler will not collect refuse or recyclables not prepared in accordance with the requirements established by the village. The village and village's contracted refuse hauler will not collect refuse containing recyclable materials.   

§ 155-16.  Refuse collection for multiple-family dwellings.

The owner or operator of any multiple-family dwelling consisting of three or more dwelling units shall be considered a village-serviced dwelling. 

§ 155-17.  Business refuse.

Every business establishment shall provide for the prompt removal and proper disposal of all refuse generated by or at the business establishment. This shall include all buildings or facilities used wholly or partly for nonresidential purposes, including those owned or occupied by nonprofit organizations. Refuse generated by or at a business establishment shall not be placed along with or mixed with refuse generated at a village-serviced dwelling for collection by the village. 

§ 155-18.  Abatement of refuse material nuisances. 

A.     In case the owner or occupant of any premises or the person in charge thereof, shall refuse or neglect to comply with the provisions of this section in regard to the containment, timely removal and disposal of refuse, the Public Works Director or his/her designee shall serve personally or by first class mail a notice to the occupant of said premises, if known, and the owner of the premises, or his/her agent, requiring compliance with this section with five days after service of such notice. If service is by mail, service shall be deemed completed on the date of such mailing. 

B.     In case such owner, agent or occupant of said premises shall fail to comply with the requirements of said notice within the the time provided for in said notice, the Village Board, pursuant to Wis. Statutes Section 66.60(16), may cause such garbage or refuse to be removed either by contract or by having village employees do the same, and charge the cost thereof to the property owner. Upon nonpayment of such charges, such charge shall become a lien upon such property and shall automatically be extended upon the current or next tax roll as delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special charge.   

§ 155-19.  Prohibition on placing recyclable materials in refuse. 

A.     General prohibition. The following materials shall be separated from postconsumer solid waste. Mixing of these recyclable materials with postconsumer waste from residential, commercial, industrial, or other sources is prohibited. [Amended 5-10-2007 by Ord. No. 4.07] 

(1)    Aluminum containers. 

(2)    Steel or bimetal containers. 

(3)    Lead acid batteries. 

(4)    Major appliances. 

(5)    Waste oil. 

(6)    Yard waste. 

(7)    Waste tires from motor vehicles, trailers, or tractors. 

(8)    Glass containers. 

(9)    Newspapers. 

(10)  Number 1 and Number 2 plastics.   

B.     Prohibition of combustible recyclables in waste delivered to landfill. The following combustible materials may be mixed with postconsumer waste that is delivered to NSP, but shall not be mixed in significant quantities with waste delivered to a landfill or other disposal site.  [Amended 5-10-2007 by Ord. No. 4.07] 

(1)    Corrugated paper or other container board. 

(2)    Foam polystyrene packaging. 

(3)    Magazines and other materials printed on similar paper, including glossy newspaper inserts. 

(4)    Office paper. 

(5)    Rigid plastic containers, including those made of PVC (3), LDPE (4), PP (5), PS (6), and other resins or multiple resins (7).   

C.     Prohibition on disposal of recyclable materials. Materials separated and collected for recycling shall not be mixed with refuse or disposed of at any landfill or incinerator, without the written permission of the Village Board; except waste tires may be burned with energy recovery in a facility licensed by the Wisconsin Department of Natural Resources. The Village Board's permission may be granted only to allow disposal of contaminated or unmarketable recyclable materials.   

§ 155-20.  Recycling 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 household noncombustible recyclable materials: 

(1)    Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program. 

(2)    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. 

(3)    Provide adequate, separate containers for the recyclable materials at a location convenient to tenants.   

B.     The preceding requirements of Subsection A(1), (2), and (3) for the owners or designated agents of multiple-family dwellings do not apply if the refuse generated within the multiple-family dwellings is delivered to and treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling all noncombustible recyclable materials in as pure a form as is technically and practically feasible.   

§ 155-21.  Recycling responsibilities of owners or designated agents of nonresidential facilities and properties. 

A.     Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle all noncombustible recyclable materials: 

(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 recyclable 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 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 preceding requirements of Subsection A(1) through (4) for the owners or designated agents of nonresidential facilities or property dwellings do not apply if the refuse generated within the facility or property is delivered to and treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling all noncombustible recyclable materials in as pure a form as is technically and practically feasible.   

§ 155-22.  Reporting requirements for private recyclers.

All solid waste haulers, recycling pick-up stations, recycling centers, recycling processing centers, and reverse vending machine operators that collect or accept steel or bi-metal cans, glass jars and bottles, or newsprint from residential sources in the Village of Holmen shall report quarterly to the village the quantity in weight of each of those materials that they have collected for recycling. Such data shall be reported to the Village Administrator's office not later than 45 days after the end of March, June, September, and December of each year. Quantities reported shall be based on actual weights, or an estimated weights if the estimates are made using a method approved by the Director of Public Works. These reporting requirements may be waived by the Village Board if the data is not required to comply with state or federal requirements, or to assist the village in obtaining grants or other financial assistance. 

§ 155-23.  Enforcement. 

A.     For the purpose of ascertaining compliance with the provisions of this article, and authorized representative of the Village Board 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 representative of the Village Board 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 Holmen Police Department or an authorized agent of the Village Board. The issuance of a citation shall not preclude proceedings under any other ordinance or law relating to the same or any other matter. Proceedings under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph. 

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

(1)    Any person who violates the Prohibition on Disposal of Recyclable Materials Separated for Recycling, Sec. 9.15(U)(3), may be required 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 Sec. 9.15(U)(3), may be required to forfeit not less than $10 nor more than $1,000 for each violation.      

ARTICLE II

Dumpsters

[Adopted 5-13-1999]

§ 155-24.  Permit required.

No person or business engaged in the business of leasing dumpsters or refuse containers for the storage of materials discarded or used in the process of construction or alterations of buildings are to place or allow for placement such dumpsters or refuse containers in any street, alley, highway, sidewalk or other public way within the village without first obtaining a permit from the Village Clerk. 

§ 155-25.  Application.

Application for the dumpster or refuse container business permit shall be on forms provided by the Village Clerk's office. Each person engaged in the business of leasing to others dumpsters or refuse containers which are placed in any street, alley, highway, sidewalk or other public way within the village for the storage of materials discarded or used in the process of construction or alterations of structures or buildings shall make a separate application and said permit shall be valid for the period of time specified thereon, not to exceed 28 days. Permits will not be issued from November 1 to April 1. 

§ 155-26.  Fees.

The permit fee for each person engaged in the business of renting or leasing to others the use of dumpsters or refuse containers which are placed in the street or other public ways within the village shall be $10 per permit. 

§ 155-27.  Insurance.

Prior to the issuance of a permit provided for in this section, the permittee must furnish the Village Clerk satisfactory written evidence that it has in force and will maintain during the term of the permit public liability insurance of not less than $200,000 for one person, $500,000 for one accident and property damage insurance of not less than $100,000. Each permittee shall also furnish to the village a certificate of insurance naming the Village of Holmen as additional insured, and evidence of the same shall be on file with the Village Clerk at all times during the term of the permit. 

§ 155-28.  Regulations. 

A.     Each dumpster or refuse container shall have posted thereon the name, address and phone number of the lessor or owner of said dumpster or refuse container. 

B.     Each dumpster or refuse container shall be equipped with reflectorized tape or other reflector devices adequate to warn others of its presence during night hours. 

C.     No dumpster or refuse container shall be placed in a moving lane of traffic. 

D.     Each permittee shall notify the Village Clerk of the location of all dumpsters or refuse containers placed in any streets, alleys, highways sidewalks or other public ways within the Village of Holmen. 

E.      Each permittee shall comply with any order of the Village Clerk to remove any dumpster or refuse container should the placement or location of the dumpster or refuse container constitute a safety hazard. 

F.      No dumpster or refuse container shall be placed so as to interfere with public works construction being performed by the village. 

G.     Each permittee shall place flashing lights on at least two sides of each dumpster or refuse container during hours of darkness. 

H.     No dumpster or refuse container shall be placed within 25 feet of any intersection.   

§ 155-29.  Enforcement; violations and penalties.

Any person who violates a provision of this article may be issued a citation by the Village of Holmen Police Department or an authorized agent of the Village Board. The issuance of a citation shall not preclude proceedings under any other ordinance or law relating to the same or any other matter. Proceedings under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this section. Any person who violates a provision of this article may be required to forfeit $50 for the first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.