[Adopted 5-21-2001 by Ord. No. 2001-01 as Title 8, Ch. 3 of the 2001 Code]
The City of Weyauwega hereby finds and determines
that there is an increasing necessity to conserve natural resources
in landfill space and to promote recycling as mandated by state law.
In the age of shortages, conservation of recyclable material is an
important public concern. It is the purpose of this article to promote
recycling, composting, and resource recovery through the administration
of a mandatory recycling program, as provided in § 287.09,
Wis. Stats., and Ch. NR 544, Wis. Adm. Code, by the City of Weyauwega
in order to protect and promote the public health, safety and welfare.
This article is adopted as authorized under
§ 287.09, 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 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 Ch.
NR 544, Wis. Adm. Code, and where the provision of this article is
unclear, the provision shall be interpreted in light of the Wisconsin
Statutes and the Ch. 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 boundaries of the City of Weyauwega.
The provisions of this article shall be administered
by the City Council of the City of Weyauwega.
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
Includes used beverage cans only.
Clear, colorless plastic bags designated for refuse with
sufficient wall strength to maintain physical integrity when lifted
by top, with a capacity not to exceed 30 gallons and a loaded weight
of no more than 50 pounds.
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
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.
Includes corrugated cardboard only. Does not include waxed
cardboard or chipboard such as cereal boxes, shoe boxes and similar
materials.
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.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, oven, microwave oven (from which
the capacitor has been removed), refrigerator, stove, furnace, boiler,
dehumidifier, or water heater.
Plastic containers marked by the SPI Code No. 7.
Includes all grades of papers, including white, colored,
ledger, shiny, coated, carbonless or NCR® papers; envelopes, including
windowed, labeled, and kraft; and magazines, phone books, computer
printout paper, glued pads and tablets, file folders, keypunch cards,
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.
A property containing five or more residential units, including
those which are occupied seasonally.
Includes newspapers and newspaper advertisements. Does not
include catalogues, magazines, cardboard, or other paper products.
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.
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.
Polyethylene terephthalate plastic containers marked by the
SPI Code No. 1.
Includes only plastic bottles clearly marked with the recycling
emblem, encircling the No. 1 (PET or PETE) or the No. 2 (HDPE). Does
not include motor oil bottles, even if they are labeled No. 1 or 2.
Solid waste other than solid waste generated in the production
of goods or hazardous waste, as defined in § 289.01(17),
Wis. Stats.
Polystyrene plastic containers marked by the SPI Code No.
6.
Polyvinyl chloride plastic containers marked by the SPI Code
No. 3.
Includes lead acid batteries, major appliances, waste oil,
yard waste, aluminum cans, container glass, corrugated cardboard,
mixed papers, newspapers, No. 1 through No. 7 plastics, tin cans,
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.
Includes tin-coated metal cans and steel containers.
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.
A.
Separation required. 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)
Waste oil.
(3)
Aluminum cans.
(4)
Bimetal containers.
(5)
Corrugated cardboard.
(6)
Foam polystyrene.
(7)
Container glass.
(8)
Mixed papers.
(9)
Newspapers.
(10)
No. 1 and No. 2 plastic.
(11)
No. 3 and No. 7 plastic.
(12)
Steel (tin containers).
(13)
Major appliances.
(14)
Waste tires.
(15)
Yard waste.
(16)
Office paper.
(17)
Foam polystyrene packaging.
(18)
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.
Changes in requirements. The City of Weyauwega reserves
the right to designate additional solid waste materials as recyclable
or currently collected materials as no longer recyclable in accordance
with state law and to either add or delete them from any collection
services provided by the City or its contractors. The City of Weyauwega
shall provide written notice to service recipients of this declaration.
C.
Other recyclable materials. The following items shall
be recycled as follows:
(1)
Major appliances. As designated by the City Council.
(2)
Tires. As designated by the City Council.
(3)
Yard waste. As designated by the City Council.
(4)
Office paper. To be recycled directly by businesses
and persons on an individual basis.
(5)
Lead acid batteries. As designated by the City Council.
(6)
Waste oil. As designated by the City Council.
The separation requirements of § 412-8 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 post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 412-8 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.
To the greatest extent practicable, the recyclable materials separated in accordance with § 412-8 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.
A.
Except as otherwise directed by City Council, occupants
of single-family and two- to four-unit residences shall do the following
for the preparation and collection of specified recyclable materials
(aluminum cans, container glass, corrugated cardboard, mixed papers,
newspapers, No. 1 and No. 2 plastic and bimetal containers):
(1)
Aluminum cans shall be empty and shall include used
beverage cans only.
(2)
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. Glass does not include ceramic cups, dishes,
ovenware, plate glass, safety and window glass, heat-resistant glass
such Pyrex®, lead-based glass such as crystal, or television tubes.
(3)
Corrugated cardboard shall be clean and must be flattened
and bundled in bundles. Does not include waxed cardboard or chipboard
such as cereal boxes, shoe boxes and similar materials.
(4)
Mixed papers shall be bundled in bundles or placed
in a brown paper grocery bag. Includes all grades of papers, including
white, colored, ledger, shiny, coated, carbonless or NCR® papers;
envelopes, including windowed, labeled, and kraft; and magazines,
phone books, computer printout paper, glued pads and tablets, file
folders, keypunch 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.
(5)
Newspaper shall be bundled in bundles or placed in
a brown paper grocery bag. Includes newspaper and newspaper advertisements
only. Does not include catalogues, magazines, cardboard, or other
paper products.
(6)
Plastic bottles No. 1 and No. 2 shall be clearly marked
with the recycling emblem, encircling the No. 1 (PET and PETE) or
the No. 2 (HDPE). Does not include motor oil bottles, even if they
are labeled No. 1 or No. 2. Caps must be removed. Labels can remain
on plastic. Clean and flatten all bottles.
(7)
Tin cans shall be clean, labels must be removed, both
ends must be cut out, and cans must be flattened. Cutout 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. Includes tin-coated
metal cans and steel containers.
B.
The City, or its authorized collector, has the right to reject any recyclable material that is not prepared according to the specifications of Subsection A(2) to (7) above or in education materials provided by the contractor or the City to the service recipients. Materials may also be rejected if not separated from solid waste or placed properly for deposit or if they are not designated recyclable materials for deposit.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in §§ 412-8 and 412-11A:
(1)
Provide clear recycling bags for the recyclable materials.
(2)
Notify in writing, at least annually, all users, tenants
and occupants of the properties about the established recycling program.
(3)
Notify users, tenants and occupants of reasons to
reduce and recycle, which materials are collected, how to prepare
materials in order to meet the processing requirements, collection
methods or sites, locations and hours of operation, and a contact
person or company, including a name, address and telephone number.
B.
The requirements specified in Subsection A 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 §§ 412-8 and 412-11A from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of multiple-family dwellings
shall do all of the following to recycle aluminum cans, container
glass, corrugated cardboard, mixed papers, newspapers, and No. 1 and
No. 2 plastic and bimetal containers:
(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 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 Subsection A from solid waste in as pure a form as is technically feasible.
It shall be unlawful for any person, unless
under contract with or licensed by the City of Weyauwega, to collect
or remove any recyclable material that has been deposited or placed
at the curb for the purposes of collection for recycling.
It shall be unlawful for any person to place
for disposal any of the following waste: hazardous and toxic wastes,
chemicals, explosives, liquids, flammable liquids, paint, trees and
stumps, construction debris, carcasses, or medical wastes (unless
personal needles which shall be properly contained in a sharps container
to eliminate injury to collection personnel).
It shall be unlawful to bring refuse for disposal
(and recyclables) from outside the corporate limits into the City
of Weyauwega unless authorized by agreement with the City Council.
A.
All occupants and persons in possession, charge or
control of private residences upon which garbage or recyclables are
created, accumulated or produced shall notify the City Administrator
that collection of garbage and recyclables from such place is required.
Occupants and persons in possession, charge or control of premises
and places other than private residences shall contract separately
with the private contractor for the collection of their garbage and
refuse and with respect to the frequency of the collection required.
B.
The City shall use various informational and educational
efforts to encourage waste reduction and recycling, including but
not limited to brochures enclosed with quarterly billings.
A.
Any authorized officer, employee or representative
of the City of Weyauwega 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 City of Weyauwega 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 a City law enforcement officer 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.
