Town of Vinland, WI
Winnebago County
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Table of Contents
Table of Contents
Public Documents
[HISTORY: Adopted by the Town Board of the Town of Vinland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Citations — See Ch. 28.
Fire prevention — See Ch. 217.
[Adopted as Title 8, Ch. 3, of the 2004 Code]

§ 344-1 Title and purpose.

This article is entitled the "Town of Vinland Recycling Ordinance." The purpose of this article is to establish and implement a recycling ordinance pursuant to § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.

§ 344-2 Authority. [1]

The Town Board of the Town of Vinland is a "responsible unit," as defined by § 287.01, Wis. Stats. As such, the Town has the authority under Ch. 287, Wis. Stats., as well as pursuant to its village powers under § 60.10(2)(c), Wis. Stats., to plan, develop, implement and operate an effective recycling program within the Town.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 344-3 Rules of constructions.

In the construction of this article, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the article:
A. 
The term "Wisconsin Statutes" whenever used in this article shall mean the current Wisconsin Statutes unless otherwise noted;
B. 
References to the male gender include the female and references to the single include the plural. References to "person" extends to natural persons, firms, corporations, partnerships or other entities;
C. 
It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing rules, regulations or ordinances or permits previously adopted or issued pursuant to law. However, whenever this article imposes greater restrictions, the provisions of this article shall apply; and
D. 
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 ordinance provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and 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 amendment to this article.

§ 344-4 Applicability.

The requirements of this article apply to all persons residing or doing business within the Town of Vinland.

§ 344-5 Administration.

The provisions of this article shall be administered by the Vinland Town Board or its designee.

§ 344-6 Definitions.

The following definitions shall be applicable in this article:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER
A receptacle design for the purpose of curbside collection of recyclable materials. Acceptable containers consist of transparent thirteen- to thirty-gallon plastic bags.
CONTRACTOR
The person, corporation or partnership performing recyclable materials collection and processing under this article.
GARBAGE
Discarded materials resulting from the handling, processing, preparation, storage, cooking and consumption of food, and discarded animal feces.
HAZARDOUS SUBSTANCE
Any substance or combination of substances 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. This term includes, but is not limited to, pesticides and substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the Department of Natural Resources of the State of Wisconsin.
HDPE
High-density polyethylene plastic containers marked by SPI Code No. 2.
LDPE
Low-density polyethylene plastic containers marked by SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
MEDICAL WASTE
Infectious waste and those containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste.
MIXED OR OTHER PLASTIC RESIN TYPES
Plastic containers marked by SPI Code No. 7.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
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 plastic containers marked by SPI Code No. 1.
POST-CONSUMER WASTE
Solid waste other than solid waste generated in the production of goods; hazardous waste, as defined in § 291.01(7), Wis. Stats.; waste from construction and demolition of structures; scrap automobiles; or high-volume industrial waste as defined in § 289.01(17), Wis. Stats.
PP
Polypropylene plastic containers marked by SPI Code No. 5.
PRODUCER
The person whose ultimate use of a product results in solid waste being generated, whether recyclable or not.
PS
Polystyrene plastic containers marked by SPI Code No. 6.
PVC
Polyvinyl chloride plastic containers marked by SPI Code No. 3.
RECYCLABLE MATERIALS
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.
REFUSE
All matter produced from industrial or community life, subject to decomposition, not defined as sewage or wastewater. This term does not include appliances, stones, concrete, dirt, plaster, tires, batteries, anti-freeze, automotive engine waste oil, yard waste, or building and demolition materials.
RESIDENTIAL UNIT
A space which constitutes a separate household occupied by a person or group of persons. Each residential space on a farm or other property containing more than one such space shall be considered a residential unit. Properties containing more than four residential units are considered commercial and are not included. A residential unit shall be considered occupied when domestic light and power service are supplied thereto.
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.
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.

§ 344-7 Separation of recyclable materials.

A. 
Recyclables designated. Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:
(1) 
Lead acid batteries.
(2) 
Major appliances.
(3) 
Waste oil.
(4) 
Yard waste.
(5) 
Aluminum containers.
(6) 
Bimetal containers.
(7) 
Corrugated paper or other container board.
(8) 
Foam polystyrene packaging.
(9) 
Glass containers.
(10) 
Magazines or other materials printed on similar paper.
(11) 
Newspapers or other materials printed on newsprint.
(12) 
Office paper.
(13) 
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and mixed or other plastic resin types.
(14) 
Steel containers.
(15) 
Waste tires.
B. 
Additional designations. The Town Board or Winnebago County reserves the right to designate by order, in writing, additional solid waste as recyclable materials to be separated by occupants and/or to be collected by the Town or its contractor and to designate, after a variance has been obtained by the Town Board from the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code, or their successor provisions, currently separated and collected recyclable materials as no longer recyclable material to be separated and/or to be collected by the Town or its contractor in the Town and to add or delete any of these materials or waste from any recyclable materials collection services provided for or contracted by the Town. The Town Board shall provide written notice to known occupants affected by these changes and to any contractors of this written order. Upon any designation notice to known occupants forwarded by first class mail, the Town or its contractor may reject any recyclable material waste or material determined to no longer be collected by the Town or by its contractor. The Town Board shall direct whether these recyclable materials not collected shall be separated from post-consumer waste and how they shall be managed by any occupant of the Town.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Separation requirements exempted. The separation requirements of Subsection A above do not apply to any occupants of the Town regarding the following:
(1) 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection A from solid waste in as pure a form as is technically feasible.
(2) 
Solid waste from these occupants which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
(3) 
A recyclable material of these occupants specified in Subsection A above for which a variance has been granted to the Town by the Wisconsin Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code, or their successor provisions.

§ 344-8 Care of separated recyclable materials.

To the greatest extent practicable, the recyclable materials separated in accordance with § 344-7 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.

§ 344-9 Management of lead acid batteries, major appliances, waste oil and yard waste.

Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil and yard waste as follows:
A. 
Lead and acid batteries shall be delivered to designated dropoff stations.
B. 
Major appliances shall be delivered to or picked up by licensed salvagers.
C. 
Waste oil shall be delivered to designated dropoff stations.
D. 
Yard waste may be delivered to designated sites as specified by the Town Board or its contractor.

§ 344-10 Responsibility of owners or designated agents of multiple-family dwellings.

A. 
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 344-7A:
(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 to a recycling facilities.
(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 dwelling if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 344-7A from solid waste in as pure a form as is technically feasible.

§ 344-11 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 for recycling materials specified in § 344-7A:
(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 the users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
B. 
The requirements set forth above do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in this article from solid waste in as pure a form as is technically feasible.
C. 
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 this article which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

§ 344-12 Miscellaneous provisions.

A. 
Hauler licensing. No person or corporation shall engage in the business of hauling recyclables within the Town of Vinland without being licensed by the Department of Natural Resources under § NR 502.06, Wis. Adm. Code.
B. 
Processing facilities. Any contractor operating in the Town of Vinland shall not transport for processing any recyclable to a processing facility unless that facility has been, by January 1, 1995, self-certified with the Wisconsin Department of Natural Resources under § NR 544.16, Wis. Adm. Code.
C. 
Burning or burying. It shall be unlawful to burn or bury solid waste or recyclable materials other than yard waste by residential and nonresidential sectors and at construction sites. Open burning shall be permitted only in accordance with the applicable burning ordinance within the Town.
D. 
Recyclables from outside of Town. It shall be unlawful to bring solid waste for recycling from outside the corporate limits into the Town of Vinland unless authorized by agreement with the Town.
E. 
Established fees. The Town shall determine the cost for regular and special recycling collection and user fees to cover those costs. Fees shall be assessed as a line item on taxes pursuant to § 66.0703, Wis. Stats., on a yearly basis for up to no more than two cubic yards from a single producer on a collection day from residential units and churches.
F. 
Ownership of recyclables. Title to recyclables shall pass to Winnebago County when placed in the Town's contractor's collection vehicle, removed by contractor from the container, or removed by contractor from the residential unit, whichever occurs last.
G. 
Special item. Materials such as couches and bulky items and other items not otherwise provided for this article shall be disposed of by contacting a state-licensed hauler or by personal delivery to the Winnebago County Landfill. Many items are also required to be recycled under state law.

§ 344-13 Enforcement.

A. 
Any authorized officer, employee or representative of the Town Board or its contractors may inspect recyclable materials separated for recycling, post-consumer 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 officer, employee or authorized representative of the Town Board or its contractor 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 Town Board or its designee to collect forfeitures. The issuance of a citation shall not prevent proceeding under any other ordinance or law by the issuance of a citation under this subsection.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Penalties for violating this article may be assessed as provided in § 1-4, General penalty, of the Code.