[Adopted 3-15-1994 by Ord. No. 94-01]
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 the
Wisconsin Statutes. Where any terms or requirements of this article
may be inconsistent or conflicting, the more restrictive requirement
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 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 shall apply to all persons
within the Town of Barton.
The provisions of this article shall be administered by the
Town Board of the Town of Barton.
The provisions of this article shall take effect on January
1, 1995.
As used in 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.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
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, microwave oven from which the
capacitor has been removed, oven, refrigerator, stove, furnace, boiler,
dehumidifier and water heater.
[Amended 1-10-1995]
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 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.
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale.
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, 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 or other container
board; foam polystyrene packaging; glass containers; magazines; newspapers;
office paper; rigid plastic containers, including those made of PETE,
HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; 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 post-consumer 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.
K.
Newspapers.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 440-18 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 § 440-18 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
solid waste burned as a supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 440-18 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.
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 acid batteries shall be taken to an area business that sells
or accepts lead acid batteries.
B.
Major appliances, including microwave ovens from which the capacitor
has been removed, shall be taken to an area business that accepts
major appliances.
[Amended 1-10-1995]
C.
Waste oil shall be taken to an area business that accepts waste oil
or taken to the Town transfer site for placement, by an attendant,
into the waste oil collection container provided during the days and
hours of operation as posted at the site.
D.
Yard waste shall be taken to a composting site or be composted on
the resident's own site.
Except as otherwise directed by the Town of Barton, 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 § 440-18E through O:
A.
Aluminum containers shall be rinsed free of product residue and placed
in the designated receptacle provided at the dropoff site during the
days and hours of operation as posted at the site.
B.
Bimetal containers shall be rinsed free of product residue and placed
in the designated receptacle provided at the dropoff site during the
days and hours of operation as posted at the site.
C.
Corrugated paper or other container board shall be free of debris,
flattened, stacked and tied or placed in paper bags or cardboard containers
and placed in the designated receptacle at the dropoff site during
the days and hours of operation as posted at the site.
D.
Foam polystyrene packaging shall be free from debris and placed in
the designated receptacle provided at the dropoff site during the
days and hours of operation as posted at the site.
E.
Glass containers shall be rinsed free of product residue, and caps
shall removed and discarded. The containers shall be placed in the
designated receptacle provided at the dropoff site during the days
and hours of operation as posted at the site.
F.
Magazines shall be stacked and tied or placed in paper bags or cardboard
containers and placed in the designated receptacle provided at the
dropoff site during the days and hours of operation as posted at the
site.
G.
Newspaper shall be stacked and tied or placed in paper bags or cardboard
containers and placed in the designated receptacle provided at the
dropoff site during the days and hours of operation as posted at the
site.
H.
Office paper shall be stacked and tied or placed in paper bags or
cardboard containers and placed in the designated receptacle provided
at the dropoff site during the days and hours of operation as posted
at the site.
I.
Rigid plastic containers shall be prepared and collected as follows:[1]
(1)
Rigid plastic containers made of HDPE, including milk jugs and detergent
bottles, shall be rinsed free of product residue, and caps shall be
removed and discarded. The containers shall be placed in the designated
receptacle provided at the dropoff site during the days and hours
of operation as posted at the site.
(2)
Plastic containers made of PETE, PVC, LDPE, PP, PS and other resins
or multiple resins shall be rinsed free of product residue, and caps
shall be removed and discarded. The containers shall be placed in
the designated receptacle provided at the dropoff site during the
days and hours of operation as posted at the site.
J.
Steel containers shall be rinsed free of product residue and placed
in the designated receptacle provided at the dropoff site during the
days and hours of operation as posted at the site.
K.
Waste tires shall be taken to an area business that is licensed by
the Department of Natural Resources to process waste tires in an approved
manner.
A.
Owners and designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 440-18E 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 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 § 440-18E 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 to recycle materials specified in § 440-18E through O:
(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 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 material specified in § 440-18E through O from solid waste in as pure a form as is technically feasible.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the Town of Barton may inspect recyclable materials separated for
recycling, post-consumer waste intended for disposal, recycling 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 Town of Barton 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 County Sheriff's Department. The issuance of a citation
shall not preclude proceedings 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]
