[Adopted 12-7-2005 as Title 8, Ch. 3, of the 2005 Village
Code]
The title of this article is the "Recycling Ordinance for the
Village of Argyle."
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.
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 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 ordinance provision 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 Village of Argyle and Argyle Township.
The provisions of this article shall be administered by the
Village of Argyle Village Board and its designees.
For the purpose of this article, the following terms shall have
the meanings indicated in this section:
Includes used beverage cans only.
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
The contractor selected by the Village to collect solid waste.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
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 TV
tubes.
Includes corrugated cardboard only; it does not include waxed
cardboard or chipboard such as cereal boxes, shoe boxes, and similar
materials.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
Includes all waste resulting from the use, preparation, cooking
or consumption of food.
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 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.
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled 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, refrigerator or stove,
residential and commercial furnaces, boilers, dehumidifiers and water
heaters, and allowing the disposal of microwaves if the capacitor
has been removed.
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.
A property containing five or more residential units, including
those which are occupied seasonally.
Includes newspapers and newspaper advertisements printed
on newsprint, but does not include catalogues, magazines, cardboard,
or other paper products.
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, Styrofoamâ„¢,
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.
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.
Plastic resins labeled by the SPI Code No. 7.
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, labeled by the SPI Code No. 1.
Includes only plastic bottles clearly marked with the recycling
emblem, encircling the number 1 (PET or PETE) or the number 2 (HDPE);
does not include motor oil bottles, even if they are labeled number
1 or number 2.
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(12),
Wis. Stats.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
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.
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-Treasurer, which list is incorporated herein by reference and
is subject to revision and updating at any time.
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.
Recyclable materials designated. All recyclable material shall
be separated from other garbage and refuse and be separated from nonrecyclable
material. Nonrecyclables shall be placed for collection in a clear
plastic bag. Recyclable plastic and glass shall be placed in the blue
recycling container and may be co-mingled. 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.Â
Lead acid batteries.
B.Â
Major appliances.
C.Â
Waste oil.
D.Â
Yard waste.
E.Â
Aluminum containers.
F.Â
Bimetal containers.
G.Â
Corrugated paper or other container board.
H.Â
Foam polystyrene packaging.
I.Â
Glass containers.
J.Â
Magazines.
K.Â
Newspaper.
L.Â
Office paper.
M.Â
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and
other resins or multiple resins.
N.Â
Steel containers.
O.Â
Waste tires.
The separation requirements of § 550-16 do not apply to the following:
A.Â
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 § 550-16 from solid waste in as pure a form as is technically feasible.
B.Â
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.
A.Â
Care of separated materials. To the greatest extent practicable, the recyclable materials separated in accordance with § 550-16 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.Â
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:
(1)Â
Lead acid batteries shall be returned to area retail businesses that
sell vehicle batteries or delivered to the Argyle Recycling Site during
hours and days of operation.
(2)Â
Major appliances shall be delivered to the Argyle Recycling Site
during hours and days of operation. Fees for disposal to be determined
by the Recycling Committee.
(3)Â
Waste oil shall be delivered to the Argyle Recycling Site for collection
during the days and hours of operation.
C.Â
Preparation and collection of recyclable materials. Except as otherwise directed by the Argyle Recycling Committee, occupants of single-family and two-to-four-unit residences shall prepare the materials specified in § 550-16 for collection as designated by the Recycling Committee and noted at the Argyle Recycling Site.
A.Â
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 550-16:
(1)Â
Provide adequate, separate containers for the recyclable materials.
(2)Â
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(3)Â
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)Â
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.Â
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 § 550-16 from solid waste in as pure a form as is technically feasible.
A.Â
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 550-16:
(1)Â
Provide adequate, separate containers for the recyclable materials.
(2)Â
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(3)Â
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)Â
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.Â
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 § 550-16 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 § 550-16 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A.Â
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the Village of Argyle 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 Argyle who requests access for purpose of inspection
and who presents appropriate credentials. No person may obstruct,
hamper or interfere with such an inspection.
B.Â
Any person who violates a provision of this article may be issued
a citation by a Village of Argyle 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.
