[Adopted as Ch. 11, Sec. 11.03, of the 1999 Municipal Code]
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.
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 provision of this article is
required by Wisconsin Statutes or by a standard in Ch. NR 544, Wis.
Adm. Code, and where a provision of this article is unclear, the provision
shall be interpreted in light of the Wisconsin Statutes and the 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 text amendment
to this article.
The requirements of this article apply to all persons within
the Village.
The provisions of this article shall be administered by the
Village Board.
The terms used herein shall be defined as follows:
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 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, microwave oven, oven, refrigerator,
stove, boilers, furnaces, dehumidifiers or water heaters.
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.
Plastic resins labeled by the SPI Code No. 7.
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.
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 § 291.07(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.
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; rigid 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.
The meaning specified in § 289.01(33), Wis. Stats.
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 § 315-13 above 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 § 315-13 above 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 § 315-13 above 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 by contacting a contractor or licensed handler and making
arrangements for pickup.
Except as otherwise directed by the Village Board, 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 § 315-13E through O above:
A.
Curbside collection of recyclable materials. The following containers
and materials shall be placed at the curb in a Village-provided recycling
receptacle on designated collection days at 7:00 a.m.:
B.
Nonrecyclable plastics. Plastic containers marked with the SPI Code
Nos. 3, 4, 5, 6 and 7 shall not be recycled until deemed marketable
by the Village Board or required by law.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 315-13E through O above:
(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 above 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 § 315-13E through O above 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 § 315-13E through O above:
(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 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 above 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 § 315-13E through O above from solid waste in as pure a form as is technically feasible.
No person, unless under contract with the Village, shall collect
or remove any recyclable materials that have been deposited or placed
for collection of recycling.
A.
Permit required. No person shall engage in the business of hauling
recyclables within the Village without being licensed by the Department
of Natural Resources under § NR 502.06, Wis. Adm. Code.
B.
Right to reject materials. The hauler has the right to leave any
recyclable material that is not prepared according the specifications
of this article. Materials may also be left if not separated from
solid waste, placed in proper containers or are not designated recyclable
materials for collection. The hauler also has the right to refuse
to pick up any solid waste if it contains recyclable containers and
materials. In such cases, the hauler shall notify the generator of
the materials regarding the reasons for rejecting the items in writing.
The hauler shall also keep a list of repeat offenders and provide
it to the Village on a quarterly basis.[1]
C.
Reporting requirements. The recycling hauler operating in the Village
is required to maintain records and reports in writing to the Village
at least twice each year. Reports shall include the amount of solid
waste and recyclables collected and transported for the Village, the
amount of solid waste and recyclables processed and/or marketed by
item type for the Village, and the final disposal location of solid
waste and recyclable material. Failure to report shall be cause for
the Village to sever any contract with the hauler.
The cost requirements under this article shall be borne by the
residents of the Village by paying a designated fee each quarter.
A.
Any authorized officer, employee or representative of the Village
and the contracted recycling and waste collection firm employees 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, which shall be kept confidential when necessary to protect
proprietary information, 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
Village and the contracted recycling and waste collection firm employees
who request access for purposes of inspection and who present 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 any law enforcement official 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 section of this Code or law relating to the same or
any other matter shall not preclude the issuance of a citation under
this section.
