[HISTORY: Adopted by the Town Board of the Town of Lawrence
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-28-1994]
This article shall be known as the "Recycling Ordinance for
Town of Lawrence."
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 Chapter
NR 544 of the Wisconsin Administrative Code.
This article is adopted as authorized under § 287.09(3)(b),
Wis. Stats.
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.
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 powers 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
of the Wisconsin Administrative Code, and where the article provision
is unclear, the provision shall be interpreted in light of the Wisconsin
Statutes and the 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.
The requirements of this article apply to all persons within
the Town of Lawrence.
The provisions of this article shall be administered by the
Town Board of the Town of Lawrence.
The provisions of this article shall take effect on January
1, 1995.
For the purposes of this article, the following terms shall
have the meanings indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
High-density polyethylene plastic containers marked by the
SPI Code No. 2.
Low-density polyethylene plastic containers marked by the
SPI Code No. 4.
Magazines and other materials printed on similar paper.
Residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.[1]
Plastic containers marked by the SPI Code No. 7.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
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.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131(l)(a),
Wis. Stats., state agency or authority or federal agency.
Polyethylene telephthalate plastic containers marked by the
SPI Code No. 1.
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.
Polypropylene plastic containers marked by the SPI Code No.
5.
Polystyrene plastic containers marked by the SPI Code No.
6.[2]
Polyvinyl chloride plastic containers marked by the SPI Code
No. 3.
Includes lead acid batteries; major appliances; waste oil;
yard waste; aluminum containers; corrugated paper or other container
board; foam polystyrene packaging; glass containers; magazines; newspapers;
office paper; plastic containers, including those made of PETE, HDPE,
PVC, LDPE, PP, PS, and mixed or other plastic resin types; steel containers;
waste tires; and bimetal containers.
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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.
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:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines or other materials printed on similar paper.
K.
Newspapers or other materials printed on newsprint.
L.
Office paper.
M.
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed
or other plastic resin types.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 254-10 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 § 254-10 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 that 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 254-10 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.[1]
Except as otherwise directed by the Town of Lawrence, 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 § 254-10E through O:
A.
Aluminum containers, bimetal containers, steel containers, glass containers and plastic containers including PETE No. 1, HDPE No. 2, PVC No. 3, LDPE No. 4, PP No. 5, PS No. 6 and other resins or multiple resins No. 7 shall be rinsed and kept clean as per § 254-12 of this article.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 254-10E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(3)
Provide for the collection of the materials separated from the solid
waste by the tenants and the delivery of the materials to a recycling
facility.
(4)
Notify tenants of reasons to reduce and recycle solid waste, which
materials are collected, how to prepare the materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the 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 § 254-10E through O 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 for recycling the materials specified in § 254-10E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(3)
Provide for the collection of the materials separated from the solid
waste by the tenants and the delivery of the materials to a recycling
facility.
(4)
Notify tenants of reasons to reduce and recycle solid waste, which
materials are collected, how to prepare the materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 254-10E through O from solid waste in as pure a form as is technically feasible.
A.
Any authorized office, employee or representative of the Town of
Lawrence may inspect recyclable materials separated for recycling,
postconsumer waste intended for disposal, collection sites and facilities,
collection vehicles, collection areas of multiple-family dwellings
and nonresidential facilities and properties, solid waste disposal
facilities and solid waste treatment facilities, and any records relating
to recycling activities, for the purpose of ascertaining compliance
with the provisions of this article. No person may refuse access to
any authorized office, employee or authorized representative of the
Town of Lawrence who requests access for purposes of inspection and
who presents appropriate credentials. No person may obstruct, hamper,
or interfere with such inspection.
B.
Any person who violates a provision of this article may be issued
a citation by the Town of Lawrence to collect forfeitures. The issuance
of a citation shall not preclude proceeding under any other ordinance
or law relating to the same or any other matter. Proceeding under
any other ordinance or law relating to the same or any other matter
shall not preclude the issuance of a citation under this subsection.[1]
[Adopted 2-14-2005]
The title of this article is the "Town of Lawrence Waste Treatment,
Disposal and Storage Ordinance." The purpose of this article is for
the Town of Lawrence to regulate, by permit and penalty, the construction,
maintenance, operation, closure, and long-term care of certain waste
treatment, disposal, and storage facilities or sites in the Town of
Lawrence.
The Town Board of the Town of Lawrence has the specific authority
under § 289.22, Wis. Stats., and the general authority under
its village powers to adopt this article.
The Town Board of the Town of Lawrence, by this article, adopted
on proper notice with a quorum and by a roll-call vote by a majority
of the Town Board present and voting, provides the authority for the
Town of Lawrence to regulate and permit the construction, maintenance,
operation, closure, and long-term care of certain waste treatment,
disposal, and storage facilities or sites in the Town of Lawrence.
In this article, the following definitions shall apply:
Any solid waste identified by the State Department of Natural
Resources as hazardous under § 291.05(1), (2) or (4), Wis.
Stats.
A site or structure for the treatment, storage, or disposal
of hazardous waste and includes all of the contiguous property under
common ownership or control surrounding the site or structure.
Any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility and
other discarded or salvageable materials, including solid, liquid,
semisolid, or contained gaseous materials resulting from industrial,
commercial, mining, and agricultural operations and from community
activities, but does not include solids or dissolved materials in
domestic sewage, or solid or dissolved materials in irrigation return
flows, or industrial discharges that are point sources subject to
permits under Ch. 283, Wis. Stats., or source material, as defined
in § 254.31(10), Wis. Stats., special nuclear material as
defined in § 254.31(11), Wis. Stats., or by-product material,
as defined in § 254.31(1), Wis. Stats.
The discharge, deposit, injection, dumping, or placing of
any solid waste into or on any land or water. This term does not include
the transportation, storage, or treatment of solid waste.
A facility for solid waste treatment, solid waste storage,
or solid waste disposal, and includes commercial, industrial, municipal,
state, and federal establishments or operations such as, without limitation
because of enumeration, sanitary landfills, dumps, land disposal sites,
incinerators, transfer stations, storage facilities, collection and
transportation services, and processing, treatment and recovery facilities.
"Solid waste facility" includes the land where the facility is located.
"Solid waste facility" does not include:
A facility for the processing of scrap iron, steel or nonferrous
metal using large machines to produce a principal product of scrap
metal for sale or use for remelting purposes.
A facility that uses large machines to sort, grade, compact,
or bale clean wastepaper, fibers, or plastics, not mixed with other
solid waste, for sale or use for recycling purposes.
An auto junkyard or scrap metal salvage yard.
Any facility exempt from Town regulation by state law or regulation,
including certain demolition facilities.
The holding of solid waste for a temporary period, at the
end of which period the solid waste is to be treated or disposed.
Any method, technique, or process that is designated to change
the physical, chemical, or biological character or composition of
solid waste, including incineration.
The Town of Lawrence, Brown County, Wisconsin.
The Board of Supervisors for the Town of Lawrence, Brown
County, Wisconsin, and includes designees of the Board authorized
to act for the Board.
The Clerk/Treasurer of the Town of Lawrence, Brown County,
Wisconsin.
The Wisconsin Statutes, including successor provisions to
cited statutes.
A.
No person may construct, operate, maintain, close, or provide long-term
care of any solid waste facility or hazardous waste facility in the
Town without a permit issued by the Town Board under this article.
B.
The permit under this article shall be considered a local approval,
as defined in § 289.33(3)(d), Wis. Stats., subject to the
requirements of § 289.22, Wis. Stats.
C.
The permit application fees shall be established annually by resolution
of the Town Board. The permit shall be issued by the Town Board or
its designees prior to any person commencing any form of construction,
operation, maintenance, closure, or long-term care of any facility
or site in the Town that is subject to this article.
The application for the Town permit under this article shall
designate the legal premises to be used by the permitted person for
the proposed use, site, or facility. The permit may not be amended
if the person changes the premises in the Town. The permit is not
transferable from one person to another. The application for the permit
shall, at minimum, contain the following:
A.
The name of the applicant and the name of the agent for the applicant,
if any.
B.
The address of the applicant.
C.
The address and legal description of the premises for the facility
or site and the current owner of the premises.
D.
The age of the applicant, if a natural person not over the age of
18 years.
E.
The type and use of the facility or site to be constructed, operated,
maintained, closed, or provided long-term care at the premises.
F.
The length of time in years for the construction of the facility,
if applicable.
G.
All local approvals, licenses, or permits necessary for the applicant
to obtain for the facility prior to construction, maintenance, operation,
closure, and long-term care.
H.
All federal or state approvals, licenses, or permits necessary for
the applicant to obtain for the facility prior to construction, maintenance,
operation, closure, and long-term care.
I.
The proposed length in years of operational time for actual disposal,
treatment, or storage operations at the facility.
J.
The current and proposed zoning and land use plan for the facility
premises, if any.
K.
The projected amount, type, and source of solid waste or recyclable
material to be disposed, stored, or treated at the facility on an
annual basis.
L.
The projected type, source, and amount of hazardous or toxic waste
to be stored, treated, or disposed at the facility on an annual basis.
M.
Copies of all feasibility reports and plan of operations submitted
or to be submitted to the State Department of Natural Resources.
N.
The financial security projected to be provided by the applicant
to insure compliance with the permit as issued and with any other
approvals.
O.
Any public nuisance or threats to the public health or safety known
by the applicant located at or near the proposed or current waste
location.
P.
Any other information regarding the construction, operation, closure,
or long-term care of the facility requested by the Town in the application
form.
All of the following facilities, sites, or uses in the Town
are exempt from this article:
A.
A facility or site under § 289.43(5), Wis. Stats., used
for the collection of recyclable material or for the dumping for disposal
of waste, including garbage or refuse, on the property where it is
generated from a single family or household in the Town, a member
of which is the owner, occupant, or lessee of the property, provided
that any such waste, garbage, refuse, or recyclable material to be
disposed or collected in the Town is placed in a suitable dumpster
or container, or is stored in another way as not to cause a public
or private nuisance.
B.
The use of sanitary privies and what are commonly known as seepage
beds, holding tanks, or septic tanks that conform to applicable ordinances
in the Town.
C.
The discharge of human waste products into any public sewerage system
located within the Town or the landspreading of human waste products
on lands in the Town.
D.
A farm facility on which only animal waste, resulting from the operation
of that farm, is disposed at the facility.
E.
The landspreading of animal waste on agricultural lands in the Town.
F.
Any dumping or disposal operation, any storage, treatment, dump,
or disposal site, or any recyclable material facility directly under
the direction and control of the Town.
G.
Any existing waste facility or site operating upon the effective
date of this article with the current waste uses or activities at
the facility or site that may or may not be subject to any preexisting
Town ordinance. Any new waste, storage, disposal, or treatment uses
or activities, after the effective date of this article, or any expansion
of the capacity of the facility or site, after the effective date
of this article, shall be subject to this article.
H.
Any demolition or other waste facility, including any landspreading
of wood, ash, or sludge site exempt under § 289.43, Wis.
Stats.
I.
Any alcohol fuel production system exempt under § 289.44,
Wis. Stats.
J.
Any fruit and vegetable waste facility exempt under § 289.445,
Wis. Stats.
K.
Any recyclable material collection facility approved for collection
or processing operations by the Town or any responsible unit under
§ 287.09, Wis. Stats.
L.
Any solid waste facility or hazardous waste facility or site that
was permanently closed prior to the effective date of this article.
M.
Any solid waste or recyclable material collection container or dumpster
for solid waste and recyclable material disposal and collection used
by the public that is provided by any federal, state, county, or Town
agency; provided, however, that any waste, garbage, refuse, or recyclable
material to be disposed or collected in the Town is placed in a suitable
dumpster or container or is stored in another way as not to cause
a public or private nuisance.
N.
Any solid waste collection container or dumpster for solid waste
and recyclable material disposed and collected by the public provided
by any person in the Town; provided, however, that any waste, garbage,
refuse, or recyclable material to be disposed or collected in the
Town is placed in a suitable dumpster or container or is stored in
another way as not to cause a public or private nuisance.
O.
Any open container or other system used to burn nontoxic or nonhazardous
material in a lawful manner and as not to cause a public nuisance
in the Town.
A.
No person shall be issued or reissued a permit in the Town under
this article until the appropriate application fee has been paid by
the applicant to the Town Clerk/Treasurer.
B.
No person shall be issued or reissued a permit under this article
who has failed to properly and fully comply and submit to the Town
Clerk/Treasurer complete and truthful response on the application
form developed and provided by the Town.
C.
No person shall be issued or reissued a permit in the Town under
this article, and any permit may be revoked or suspended after a public
hearing by the Town Board, if the facility applicant or the permittee
fails to do any of the following:
(1)
Obtain and maintain for a proposed or existing facility or site all
necessary approvals, licenses, or permits from the appropriate Town,
Brown County, state, and federal agencies.
(2)
Comply with all conditions and restrictions attached by the Town
Board to the permit issued under this article by the Town Board.
(3)
Timely prevent or timely limit specific public nuisances or potential
threats to the public health and safety at or adjacent to the facility
caused by the applicant or permittee at or near the existing site
or facility upon notice of such public nuisance or threats by the
Town Board.
D.
The Town Board may, in order to prevent public nuisances, to protect
the public health, and to protect the environment in the Town, require
specific conditions or restrictions to be attached to any permit issued
by the Town Board under this article. These conditions or restrictions,
if applicable, shall be complied with during the construction, operation,
maintenance, closure, and long-term care operations of the facility
or site by the permittee or applicant.
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this article shall, upon conviction, be subject to a penalty as provided in § 1-3 of this Code. Each day a violation exists or continues shall be considered a separate offense under this article. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.
