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[HISTORY: Adopted by the Village Board of the Village of Athens as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 253.
Health and sanitation — See Ch. 257.
Nuisances — See Ch. 320.
Property maintenance — See Ch. 344.
[Adopted 11-22-2004 as Title 8, Ch. 4, of the 2004 Code]
A. 
Title. This article shall be known as the "Solid Waste Management Ordinance of the Village of Athens," hereinafter referred to as "this article."
B. 
Garbage and refuse collection service. All garbage and refuse collection service shall be provided by Village personnel or by Village-approved contractors.
It is hereby declared to be the purpose and intent of this article to enhance and improve the environment and promote the health, safety and welfare of the Village by establishing minimum standards for the storage, collection, transport, processing, separation, recovery and disposal of solid waste. Disposal of recyclable materials shall be governed by Article II of this chapter.
The following definitions shall be applicable in this article:
AGRICULTURAL ESTABLISHMENT
An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
BULKY WASTE
A. 
Items whose large size precludes or complicates their handling by normal collection, processing or disposal methods. Items shall be cut not to exceed four feet in length and bundled not to exceed 50 pounds per bundle.
B. 
Large items such as furniture, mattresses, carpeting, construction or demolition materials of substantial dimensions, brush and other large items whose proportions are not easily reduced.[1]
COLLECTION
The act of removing solid waste from the storage area at the source of generation.
CURB
The back edge or curb and gutter along a paved street or where one would be if the street was paved and had curb and gutter.
DEMOLITION WASTES
That portion of solid waste from the repair, remodeling, construction or reconstruction of buildings, such as lumber, roofing and sheathing scraps, rubble, broken concrete, asphalt, plaster, conduit, pipe, wire, insulation, and other materials resulting from the demolition of buildings and improvements.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DWELLING UNIT
A place of habitation occupied by a normal single-family unit or a combination of persons who may be considered as equivalent to a single-family unit for the purposes of this article.
GARBAGE
Includes every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, that attends to the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit or vegetables.
GLASS
Glass bottles, jars and containers and does not include window glass, drinking glasses, pyrex, light bulbs or other noncontainer glass.
GOOD FAITH
Reasonable efforts to adhere to the policies, standards and rules of the mandatory source separation recycling program.
HAZARDOUS WASTE or HAZARDOUS SUBSTANCE
Those wastes or substances defined as such in Ch. NR 661, Wis. Adm. Code (including all amendments provided thereto). as provided therein pursuant to § 291.05, Wis. Stats., or other acts pursuant to authority vested in the Wisconsin Department of Natural Resources to describe and list materials as such, and also includes the meaning of "hazardous waste" or "hazardous substance" as described herein. Those solid wastes or substances found in household waste [notwithstanding the household waste exclusion provided in § NR 661.04(2)(a), Wis. Adm. Code].
HOUSEHOLD SHARP MEDICAL WASTE
Any type of product capable of puncturing or lacerating the skin that is designed or used to treat, diagnose, or prevent a disease or medical condition, including but not limited to scalpels and hypodermic needles.
INDUSTRIAL WASTE
Waste material, except garbage, rubbish, and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
LEAD ACID BATTERIES
Automotive and related batteries that are comprised of lead plates with an acid electrolyte, and does not include nickel-cadmium batteries, dry cell (flashlight) batteries or batteries used in calculators, watches, hearing aids or similar devices.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, water heater or any other item commonly referred to as a "white good."
METAL CANS
Tin-coated steel cans, bimetal cans, and aluminum cans used for food and other nonhazardous materials, but excluding aerosol cans and cans that held paint, paint-related products, pesticides or other toxic or hazardous substances.
MULTIFAMILY DWELLING
A residential building intended to be the residence of four or more independent family units.
NEWSPRINT
That portion of newspapers (newspapers and advertising circulars normally accompanying newspapers) or periodicals and advertising circulars printed on newsprint which remains in substantially original condition at the time of disposal such that the material is suitable for commercial-grade recycling. "Newsprint" does not include the paper commonly used in the production of magazines, books, and other physical media for written material or paper which is not suitable for recycling purposes, or is in a state which makes separation unreasonable or unduly expensive, or reasons which include, but are not limited to, the following:
A. 
The paper has been put to another use, such as wrappings for other wastes, and is thus rendered unfit for commercial recycling.
B. 
The paper is no longer flat and folded to the approximate dimensions of its original condition.
C. 
The paper is mixed in with commercial or municipal litter or refuse as a result of the failure of citizen or business invitees to separate newspapers from other discarded materials outdoors or in publicly accessible areas of buildings.
D. 
The paper has been damaged or altered by any other means so as to make recycling impossible or unduly difficult.
NONRECYCLABLE MATERIAL
All items of waste not recyclable except hazardous waste or hazardous substances.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial, or institutional activities, or a building or group of buildings consisting of four or more dwelling units.
OTHER PAPER
All paper excluding newsprint materials or materials specifically excepted in the definition of "newsprint" and corrugated cardboard, but shall include grades of fiber materials with available markets for recycling.[2]
PERSON
Any individual, corporation, organization, association, local governmental unit, as defined in § 66.0131, Wis. Stats., state agency or authority or federal agency.
PLASTIC CONTAINER
A blow-molded plastic bottle made of high-density polyethylene (HDPE) or a plastic bottle or jar made of polyethylene terephthalate (PET), but does not include HDPE containers that are not blow molded, including but not limited to containers for yogurt, cottage cheese, butter, margarine, ice cream and similar products.
PREPARATION STANDARDS
Criteria provided establishing acceptable good faith limits for introduction of materials into the source separation recycling program involving either transport to a material recycling center or temporary storage of such materials.
PRIVATE COLLECTION SERVICES
Collection services provided by a person licensed to do the same by the DNR.
RECYCLABLE WASTE
Waste material that can be remanufactured into usable products and shall include, by way of enumeration but not by way of limitation, glass, plastics, newspaper, cardboard, and metals (aluminum, steel, tin, brass, etc.).
REFUSE
Includes all waste material, except garbage, rubbish, and industrial waste, and eliminates refuse that is no longer picked up such as grass, leaves, sticks, tree branches and logs, stumps, stones, cement, boards, furniture or household appliances, and garden debris.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
RESIDENTIAL UNIT
A single-family home, duplex, townhouse, condominium or a building with three or fewer dwelling units.
RUBBISH
Includes combustible and noncombustible waste material, except garbage, refuse and industrial waste, that is incidental to the operation of a building and shall include, by way of enumeration but not by way of limitation, rags, sweepings and recyclables banned from the landfill.
SCAVENGING
The uncontrolled and unauthorized removal of materials at any point in solid waste management.
SHARPS CONTAINER
A container specifically manufactured for the disposal of sharp medical waste.
SOLID WASTE
Garbage, refuse and all other discarded or salvageable solid materials, including solid waste materials resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved material in wastewater effluents or other common water pollutants.
SOLID WASTE STORAGE
Safe, environmentally sound, short-term containment of materials, and for recyclables shall involve preserving materials in a condition meeting preparation standards.
TIRES
For collection purposes shall mean rubber tires, from automobiles and light trucks, and other tires whose size is less than 1100 x 24.5, which are removed from rims.
USED OIL
Any contaminated petroleum-derived or synthetic oil, including but not limited to the following: engine and other mechanical lubricants; hydraulic and transmission fluid; metal-working fluid; and insulating fluid or coolant.
YARD WASTE
Leaves, grass clippings, and yard and garden debris, including clean woody vegetative material no greater than six inches in diameter and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: The definition of "oversize and bulky waste" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See the definition of "bulky waste."
Storage areas shall be kept in a nuisance- and odor-free condition. Litter shall not be allowed to accumulate. Collection crews will not be responsible for cleaning up loose material from any containers which have been ruptured or broken due to wet conditions, animals, vandalism or other causes. The occupant and/or owner shall be responsible for cleaning up this litter. Violations will result in the occupant and/or owner being notified to clean up his/her area, with continued violations resulting in the owner being prosecuted under the provision of this article and other Village ordinances.
A. 
General container standards. Suitable containers shall be provided by the property owner or tenant in which to store all solid wastes. Containers, in order to be approved, shall provide for efficient, safe and sanitary handling of solid waste. They shall be maintained in a nuisance- and odor-free condition and shall be sufficient to prevent the scattering of contents by weather conditions or animals.
B. 
Ashes. Cold, completely extinguished ashes may be left for collection in containers.
C. 
Disposal of nonrecyclable materials.
(1) 
All nonrecyclable materials shall be placed in containers or plastic garbage bags not exceeding a capacity of 30 gallons and/or a net weight of 50 pounds. All refuse material not suitable for placement in containers or bags shall be placed in bundles or broken into sizes small enough to be handled by one person. Each container for a residential unit shall be equipped with suitable handles and tight-fitting covers and shall be watertight. All garbage containers shall be kept in a neat, clean, and sanitary condition at all times. All garbage containers for residential units shall be of metal, durable plastic, or other suitable, moisture-resistant materials, including heavy-duty refuse disposal bags. Metal garbage cans shall be of sufficient thickness to resist denting during normal handling by collection crews. Plastic garbage bags must be closed with a tie and shall be of sufficient strength to allow lifting and loading contents without tearing.
(2) 
Responsibility of owner. It shall be the duty of every occupant, tenant, or proprietor of any residential unit to provide, and at all times keep in a suitable place readily accessible to the refuse collector, garbage containers capable of holding all garbage which would ordinarily accumulate on such premises between the time of successive collections. The owner of any multifamily dwelling shall furnish or require the tenant thereof to furnish proper garbage containers. Garbage containers located at multifamily dwellings shall be marked so as to indicate the residential unit to which they belong.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
It shall be unlawful for any person to place for regular collection any of the following wastes:
(1) 
Hazardous waste.
(2) 
Toxic waste or chemicals.
(3) 
Materials required to be recycled under Article II of this chapter.
(4) 
Explosives or ammunition.
(5) 
Drain or waste oil or flammable liquids.
(6) 
Large quantities of paint.
(7) 
Dead animals.
(8) 
Trees or stumps.
(9) 
Gravel or concrete.
(10) 
Construction debris.
(11) 
Animal or human waste.
(12) 
White goods (unless as a special haul item).
(13) 
Hot ashes (ashes that are fully extinguished and dry may be left for collection in noncombustible containers).
(14) 
Tires and batteries.
B. 
The aforementioned materials shall be disposed of in the manner prescribed by federal or state laws, or as provided for herein.
C. 
Materials that the Village collector will dispose of for a separate fee may be disposed of by special arrangement between the waste generator and said Village collector.
A. 
Household sharp medical waste disposal.
(1) 
Household sharp medical waste shall not be deposited in any other place or manner in the Village of Athens than as hereinafter provided.
(2) 
Acceptable means of disposing of household sharp medical waste include:
(a) 
Disposal in an approved medical waste box, such as a sharps container; or
(b) 
Disposal in a heavy plastic container, such as a laundry soap bottle, providing that the lid is permanently affixed thereto using tape or another means and the container is marked "Medical Waste: Do Not Open."
B. 
Hospital and/or medical waste. Except as otherwise specifically provided in this article, the provisions set forth in Ch. NR 526, Wis. Adm. Code, describing and defining regulations with respect to hospital and/or medical waste, are hereby adopted and made a part of this article as if fully set forth herein.
All demolition waste resulting from remodeling, construction, or removal of a building, roadway, or sidewalk shall be disposed of by the owner, builder, or contractor. Building materials of any kind will not be disposed of by the Village or its collection service.
A. 
Placement for collection.
(1) 
Residential solid waste shall be accessible to collection crews. Residential solid waste in approved containers shall be placed immediately behind the curb of the public street for collection or containers shall be placed immediately adjacent to the alley if premises abut on an alley. Bulky wastes from residential units shall likewise be placed in neat, orderly fashion behind the curb. During winter months, solid waste shall not be placed on top of the snow bank, nor shall it be placed in the roadway. The owner shall either shovel out an area behind the curb in which to place his wastes or he shall place it in his driveway. Collection crews will not collect residential solid waste unless it is placed at the curb of a public street. Residential units shall bring their solid waste to the terrace adjacent to the street curb for collection. Should collection crews be unable to discharge contents of garbage cans into collection vehicles using normal handling procedures, the cans, including contents, will be left at curbside. The owner shall make provisions to assure that the solid waste therein can be collected on the next collection day. Collection crews will not empty garbage cans by means other than dumping.
(2) 
No garbage containers or other containers for refuse other than those of the Village shall be placed, kept, stored or located within the right-of-way of a street or alley; provided, however, that the Village Board may authorize the location of such containers within the public right-of-way at specified places and times when such location is necessary for the expeditious collection and disposition of refuse.
(3) 
Placement means one stop for each residential unit.
B. 
Restriction on time of placement.
(1) 
All receptacles and containers for refuse and rubbish and all bundles of rubbish shall be placed in collection locations as designated in Subsection A above only after 7:00 p.m. of the evening prior to the regular collection time the following day.
(2) 
All receptacles, bags and containers for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time.
(3) 
Village employees or employees of licensed collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.
(4) 
If the scheduled collection day falls on a holiday, collection will be on the following scheduled working day.
(5) 
Special collections may be made if ordered by the Village Clerk or Village Board and will be billed to the owner.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Collection schedule. Municipal refuse collection services shall be on a scheduled basis as established by the Village Board. Only those items approved by this article shall be left for collection at curbside.
It shall be unlawful to bring refuse from outside the Village of Athens limits into the Village limits for disposal unless specifically authorized by written agreement with the Village.
A. 
Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection unless good faith applies. Only persons authorized by the Village 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. Nothing herein shall be construed to allow for scavenging, removal, transportation, or resorting of refuse which has been placed for disposal under this article. Any such scavenging or separation of refuse that has been placed for disposal by the producer of said refuse shall be deemed a violation of this article.
B. 
This article shall not prohibit the actual producers of recyclable materials or the owners of residential units or nonresidential units upon which recyclable materials have been accumulated from personally collecting, conveying, and disposing of recyclable materials, provided that such producers or owners do not violate the intent of this article.
The accumulation or deposit of garbage, trash, or putrescible animal or vegetable matter in or upon any lot or land or any public or private place within the Village which causes the air or environment to become noxious or offensive or to be in such a condition as to promote the breeding of flies, mosquitoes, or other insects, or to provide a habitat or breeding place for rodents or animals, or which otherwise becomes injurious to the public health, is prohibited and declared to constitute a nuisance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Prohibition. No person shall deposit, throw, or place any garbage, offal, dead animals, combustible refuse or other deleterious matters in any park, lane, alley, street, public grounds, or public place within the Village, nor place any garbage, offal, dead animals or other refuse matter upon any private property not owned by such person without such person's consent. If not deemed noncollectible, these materials may be placed for collection on the owner's property if the same are enclosed in proper vessels or containers which shall be watertight and kept so with tightly fitting covers.
B. 
Private dumps. It shall be unlawful for any person to use or operate a dump.
No person other than an authorized collector shall collect or interfere with any waste after it shall have been put into a garbage receptacle and deposited in the proper place for the collector, nor shall any unauthorized person molest, hinder, delay or in any manner interfere with any authorized garbage collector in the discharge of his duties.
Each condominium association in the Village shall be responsible for establishing compliance with this article by the owner of each condominium unit and shall submit its plan for compliance to the Village for approval and shall submit for approval of the Village any changes in such plan. Such plan may provide for the purposes of this article. Each condominium unit shall be treated the same as a single residential dwelling or the entire condominium shall be treated for such purposes as a multifamily dwelling. In approving such a plan, the Village shall consider which plan under the circumstances would better promote the purpose of this article.
Nothing in this article is intended to apply to the disposal of or the accumulation of agricultural or farm wastes, products or feed accumulated upon property used in the ordinary course of farming.
It is expected that from time to time federal and state statutes and regulations will require that items other than the items which have been deemed to be recyclable herein shall be recycled. In such event, this article shall be deemed to include and shall require such other items to be recyclable hereunder.
A. 
Penalties. Any person who shall violate any of the provisions of this article shall be subject to a penalty which shall be as follows:
(1) 
First offense. Any person found in violation of any provision of this article as a first offender shall receive a warning notice requiring compliance and may be subject to having refuse in violation of the provisions herein not collected.
(2) 
Second and subsequent offenses. Any person found guilty of violating any part of this article who has previously been notified of being in violation or has been convicted of violating the same article within one year shall, upon conviction thereof, by subject to a forfeiture as provided in Chapter 1, Article I, of this Code.
B. 
Each day a separate offense. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this article shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this article.
It shall be unlawful to transport any solid waste in any vehicle which permits the contents to blow, sift, leak or fall therefrom. If the spillage does occur, the collection crew shall immediately return spilled materials to the collection vehicle and shall properly clean, or have cleaned, the area. All vehicles used for the collection and transportation of solid waste shall be durable, easily cleanable and leakproof, if necessary, considering the type of waste and its moisture content. Collection vehicles shall be cleaned frequently to prevent nuisances and insect breeding and shall be maintained in good repair.
[Adopted 11-22-2004 as Title 8, Ch. 3, of the 2004 Code]
A. 
Title. The title of this article is the "Recycling Ordinance for the Village of Athens."
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. 
Statutory authority. This article is adopted as authorized under § 287.09(3)(b), Wis. Stats.
D. 
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.
E. 
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 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 provision in this article is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544, Wis. Adm. Code, 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.
F. 
Applicability. The requirements of this article apply to all persons within the Village of Athens.
G. 
Administration. The provisions of this article shall be administered by the Village of Athens Village Board and its designees.
For the purpose of this article, the following terms shall have the meanings indicated:
ALUMINUM CANS
Includes used beverage cans only.
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
COLLECTOR
The contractor selected by the Village to collect solid waste.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
CONTAINER GLASS
Includes container glass only. "Glass" does not include ceramic cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant glass such as pyrex, lead-based glass such as crystal, or television tubes.
CORRUGATED CARDBOARD
Includes corrugated cardboard only; it does not include waxed cardboard or chipboard such as cereal boxes, shoe boxes, and similar materials.
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 intended 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.
GARBAGE
Includes all waste resulting from the use, preparation, cooking or consumption of food.
HAZARDOUS WASTE
Any substance or combination of substances, including any waste of a solid, semisolid, or gaseous form, which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes but it not limited to substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the Village.
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, oven, refrigerator or stove, residential and commercial furnaces, boilers, dehumidifiers and water heaters, and allowing the disposal of microwaves if the capacitor has been removed.
MIXED PAPERS
Includes all grades of papers, including white, colored, ledger, shiny, coated, carbonless or NCR papers; envelopes, including windowed, labeled, and kraft; magazines, phone books, computer printout paper, glued pads and tablets, file folders, key punch cards, post-it notes, spiral notebooks, cereal boxes, shoe boxes, etc.; can include paper clips and staples; does not include hand towels or other paper products from rest rooms or soiled napkins and paper plates; also does not include carbon paper, cellophane, or any waxed paper.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPERS
Includes newspapers and newspaper advertisements printed on newsprint, but does not include catalogues, magazines, cardboard, or other paper products.
NONRECYCLABLE MATERIAL
Any material other than a recyclable material and includes garbage, rubbish and other solid waste, including but not limited to ashes, plastic material other than the type included within recyclable materials, ceramics, broken glass of all types, window glass, Styrofoam, pyrex, light bulbs, mirrors, china, waxed paper, waxed cardboard, furniture, carpeting, used clothing and other materials not defined as recyclable materials for purposes of this article.
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 BOTTLES
Includes only plastic bottles clearly marked with the recycling emblem, encircling the number one (PET or PETE) or the number two (HDPE); does not include motor oil bottles, even if they are labeled "No. 1" or "No. 2."
POSTCONSUMER 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 MATERIAL
Includes lead acid batteries, major appliances, waste oil, yard waste, aluminum containers, corrugated paper and other container board, glass containers, magazines, newspapers, office paper, rigid plastic containers, including those of PETE and HDPE, steel containers, waste tires and bimetal containers.
RECYCLABLE PLASTIC
Generally means high-density polyethylene and polyethylene terephthalate plastic containers and specifically means any plastic containers described as recyclable on the list maintained at the office of the Village Clerk, which list is incorporated herein by reference and is subject to revision and updating at any time.
SOLID WASTE
Has the meaning specified in § 289.01(33), 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.
TIN CANS
Includes tin-coated metal cans and steel containers.
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.
A. 
Materials to be separated. 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:
(1) 
Aluminum cans.
(2) 
Container glass.
(3) 
Corrugated cardboard.
(4) 
Mixed papers.
(5) 
Newspapers.
(6) 
Plastic bottles No. 1 and No. 2.
(7) 
Tin cans.
(8) 
Waste tires.
(9) 
Major appliances.
(10) 
Waste oil.
(11) 
Lead acid batteries.
(12) 
Yard waste.
(13) 
Foam polystyrene packaging.
(14) 
Plastic containers made of PETE No. 1 and HDPE No. 2.
(15) 
Plastic containers or bottles made of PVC (No. 3), LDPE (No. 4), PP (No. 5), PS (No. 6), and mixed or other plastic resin types (No. 7).
B. 
Separation standards. All recyclable material shall be separated from other garbage and refuse, separated from nonrecyclable material. 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:[1]
(1) 
Aluminum cans. Aluminum cans shall be empty.
(2) 
Container glass. Container glass shall be cleaned, with caps and neck rings removed. Labels can remain on glass. Glass must be color separated into clear, brown and green; place blue glass with green glass. Glass should not be broken.
(3) 
Corrugated cardboard. Corrugated cardboard shall be clean and must be flattened and bundled in bundles.
(4) 
Mixed papers. Mixed papers shall be bundled in bundles or placed in a brown paper grocery bag.
(5) 
Newspapers. Newspapers shall be bundled in bundles or placed in a brown paper grocery bag.
(6) 
Plastic bottles. Caps must be removed. Labels can remain on plastic. Clean and flatten all bottles.
(7) 
Tin cans. Tin cans shall be clean, labels must be removed, both ends must be cut out, and cans must be flattened. Cut out ends are recyclable. Tin cans with molded or round bottoms can be recycled without the molded or round bottom removed, provided that the can has been rinsed and labels have been removed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Right not to collect. The hauler has the right to reject or leave at the curb any recyclable material that is not prepared according to the specifications of Subsection B or in educational materials provided by the contractor or the Village of Athens to the service recipients. Materials may also be rejected if not separated from solid waste or placed in the proper container or they are not designated recyclable materials for collection. The hauler also has the right to refuse to pick up any solid waste if it contains recyclable containers and materials. In such cases, the hauler shall notify in writing the generator of the materials about the reasons for rejecting the items.
D. 
Recycling bin. All recyclable materials shall be commingled in the eighteen-gallon recycling bin provided by the Village of Athens and placed curbside by 6:00 a.m. on the scheduled collection day.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The separation requirements of § 435-22 do not apply to the following:
A. 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 435-22 from solid waste in as pure a form as is technically feasible.
B. 
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
C. 
A recyclable material specified in § 435-22 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.
A. 
General care standards. To the greatest extent practicable, the recyclable materials separated in accordance with § 435-22 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.
B. 
Management of lead acid batteries, major appliances, waste oil, yard waste and waste 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 waste tires as follows:
(1) 
Major appliances. Major appliances shall be recycled at a retail business that sells appliances and accepts used appliances for the purpose of recycling or at a solid waste facility that accepts appliances for the purpose of recycling. Any fee imposed for the recycling of used appliances shall be the responsibility of the generator.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Lead acid batteries. Lead acid batteries shall be recycled at a retail business that sells lead acid batteries and accepts used batteries for the purpose of recycling or at a solid waste facility that accepts batteries for recycling. Any fee imposed for the recycling of used batteries shall be the responsibility of the generator.
(3) 
Waste oil. Waste oil shall be recycled at a retail business that sells oil or automotive products and accepts oil for the purpose of recycling, at an oil refinery, at a solid waste facility, or at the Village disposal site located by the wastewater treatment plant. Any fee imposed for the recycling of used oil shall be the responsibility of the generator.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Yard waste. Yard waste shall either be home composted using an effective backyard compost system or transported to the Village compost site on East Degner Street. No yard waste shall be disposed of as general waste.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also § 257-10, Composting regulations.
(5) 
Waste tires. Waste tires shall be recycled at a retail business that sells tires or automotive products or at a solid waste facility. Any fee charged for the recycling of used tires shall be the responsibility of the generator.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 435-22:
(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 reason 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 postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 435-22 from solid waste in as pure a form as is technically feasible.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 435-22:
(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 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 nonresidential facilities if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 435-22 from solid waste in as pure a form as is technically feasible.
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 § 435-22 which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Village of Athens may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the Village of Athens who requests access for purpose 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 a Village of Athens law enforcement officer or other authorized Village official. 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. 
Any person who violates this article may be assessed a penalty per Chapter 1, Article I, of this Code.