[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 8, Ch. 4,
of the 2000 Code]
[Amended 8-5-2019 by Ord.
No. 2019-03]
The purposes of this article are to describe the refuse and
recycling collection policies of the Village of East Troy and to promote
recycling, composting and resource recovery through an effective recycling
program, as provided in § 287.11, Wis. Stats., and Chapter
NR 544, Wis. Adm. Code.
This article is adopted as authorized under § 287.09(3)(b),
Wis. Stats., and as authorized by the Village of East Troy.
[Added 8-5-2019 by Ord.
No. 2019-03]
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.
[Added 8-5-2019 by Ord.
No. 2019-03]
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 Chapter NR 544,
Wis. Administrative Code, and where the article provision is unclear,
the provision shall be interpreted in light of the Wisconsin Statutes
and the Chapter 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.
[Added 8-5-2019 by Ord.
No. 2019-03]
Should any portion of this article be declared unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this article shall not be affected.
[Added 8-5-2019 by Ord.
No. 2019-03]
The requirements of this article apply to all persons within
the Village of East Troy, as well as occupants and owners or designated
agents of multifamily dwellings and nonresidential facilities and
properties.
[Added 8-5-2019 by Ord.
No. 2019-03]
The provisions of this article shall be administered by the
Village of East Troy and its designated agents.
[Amended 6-15-2015 by Ord. No. 2015-02; 8-5-2019 by Ord. No. 2019-03]
The following definitions are applicable in this article:
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.
Includes all covered electronic devices including:
Television.
Computers (desktop, laptop, netbook and tablet computers).
Desktop printers (including those that scan, fax and/or copy).
Computer monitors.
Other computer accessories (including keyboards, mice, speakers,
external hard drives and flash drives).
E-readers.
DVD players, VCRs and other video players (i.e., DVRs).
Fax machines.
Cell phones.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
A glass bottle, jar or other packaging container used to
contain a product that is the subject of a retail sale and does not
include ceramic cups, dishes, oven ware, plate glass, safety and window
glass, heat-resistant glass such as Pyrex, lead-based glass such as
crystal or TV tubes.
Any substance or combination of substances, including any
waste of a solid, semisolid, liquid or gaseous form, which may cause
or significantly contribute to any 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 because of its quantity, concentration or physical,
chemical or infectious characteristics. This term includes, but is
not limited to, substances which are toxic, corrosive, flammable,
irritants, strong sensitizer or explosives, as determined by the Department
of Natural Resources.
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, oven, refrigerator,
furnace, boiler, dehumidifier, water heater or stove.
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.
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,
aluminum containers, bimetal containers, corrugated paper and other
container board, glass containers, magazines, newspaper, 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, aseptic cartons such as juice boxes, soup boxes and ice
cream and bi-metal 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.
[Amended 6-15-2015 by Ord. No. 2015-02; 8-5-2019 by Ord. No. 2019-03]
A.
Recyclables. 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.
(1)
Electronic scrap.
(2)
Lead acid batteries.
(3)
Major appliances.
(4)
Waste oil.
(5)
Yard waste.
(6)
Aluminum containers.
(7)
Bi-metal containers.
(8)
Corrugated paper or other container board.
(9)
Glass containers.
(10)
Magazines.
(11)
Newspaper.
(12)
Office paper.
(13)
Rigid plastic containers made of PETE, HDPE, LDPE, PVC, PP,
PS and other resins or multiple resins.
(14)
Steel containers.
(15)
Waste tires.
(16)
Foam polystyrene packaging.
B.
Exemptions. The Village Board 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 Village
of East Troy. The Village Clerk shall provide written notice to its
service recipients of this declaration through official posting.
[Amended 12-16-2019 by Ord. No. 2019-18]
[Amended 8-5-2019 by Ord.
No. 2019-03]
The separation requirements of § 470-14 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 § 470-14A from solid waste in as pure a form as is technically possible.
B.
Solid waste which is burned for supplemental fuel at a facility if
less than 30% of the heat input into the facility is derived from
the solid waste burned as supplemental fuel.
C.
A recyclable material specified above in § 470-14A(7) through (16) for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or s. NR 544.14, Wis. Administrative Code.
[Amended 6-15-2015 by Ord. No. 2015-02; 8-5-2019 by Ord. No. 2019-03]
A.
General preparation. To the greatest extent practical, the recyclable materials separated in accordance with § 470-14 shall be cleaned and kept free of contamination 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.
[Amended 8-5-2019 by Ord.
No. 2019-03]
A.
Residents may contact the collection contractor to schedule up two
electronic device recycling pickups per year.
[Amended 6-6-2022 by Ord. No. 2022-06]
B.
Lead acid vehicle batteries. Only car and truck batteries with the
casing unbroken will be accepted.
C.
Major appliances shall be separated from other solid waste and recyclables
and placed for collection at least three feet outside of carts at
the time bulk collection occurs in the Village; and/or handled in
any other legal manner specified by the Village and/or its contractor(s)
for recycling them.
D.
Waste oil. Common engine oil only shall be accepted in leakproof
containers. Antifreeze or hazardous materials will not be accepted.
[Amended 8-5-2019 by Ord.
No. 2019-03]
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 § 470-14A:
A.
Aluminum cans. All aluminum cans shall be rinsed clean of product
residue, well drained and flattened.
B.
Bi-metal steel aluminum containers for carbonated and malt beverages.
Shall be rinsed, well drained and flattened.
C.
Corrugated paper and other container board. Shall be free of debris
and flattened.
D.
Glass containers. Brown glass, green glass and clear glass containers
shall be rinsed, well drained and shall have caps removed.
E.
Catalogs, magazines, and newsprint. Catalogs, magazines and newsprint
shall be recycled.
F.
Office paper. Office paper shall be recycled. Shredded paper shall
be placed in brown paper bags and placed in recycle bins.
G.
All rigid plastic containers. All rigid plastic containers including
PETE, HDPE, PVC, LDPE, PP, PS or OTHER shall have caps and rings removed,
be clean of product residue, be rinsed, well drained and flattened.
H.
Steel containers. Shall be rinsed, labels removed and flattened.
I.
Tires. Tires shall be separated from all other refuse. The responsible
person shall make prior arrangements for pickup and payment with the
hauler and will be charged a user fee at the then-current rate charged
to the garbage pickup contractor by the landfill operator.
J.
Foam polystyrene packaging shall be clean, flattened and placed in
proper receptacle.
[Amended 8-5-2019 by Ord.
No. 2019-03]
Yard waste shall be collected on scheduled yard waste collection
dates with the following specifications. Brush and branch clippings
must be bundled, less than four feet in length, less than six inches
in diameter, and less than 50 pounds. No full trees. Clippings, leaves
and garden debris must be in paper bags, compostable bags or in thirty-two-gallon
bins. All yard waste must be free of glass, plastic, metal, stones
and other nondegradable materials. Weeds are included but invasive
species including garlic mustard should not be mixed with yard waste.
Invasive species may be bagged and placed in the solid waste bin for
collection.
[Amended 8-5-2019 by Ord.
No. 2019-03]
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 470-14A:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
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.
(3)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(4)
Notify tenants of reasons to reduce and recycle solid waste, which
materials meet 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 § 470-14A from solid waste in as pure a form as is technically feasible.
[Amended 6-15-2015 by Ord. No. 2015-02; 8-5-2019 by Ord. No. 2019-03]
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 470-14A:
(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 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 § 470-14A from solid waste in as pure a form as is technically feasible.
[Amended 8-5-2019 by Ord.
No. 2019-03]
[Amended 8-5-2019 by Ord.
No. 2019-03]
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 § 470-14A which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.
[Amended 8-5-2019 by Ord.
No. 2019-03]
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the Village of East Troy may inspect recyclable materials separated
for recycling, post-consumer 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 East Troy 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 warning or citation by the Village of East Troy Police Department
to collect forfeitures. The issuance of a citation under this subsection
shall not preclude the subsequent issuance of additional citations
under any other ordinance or law relating to the same or any other
matter.
C.
Penalties for violating this article may be assessed as follows:
(1)
Any person who violates § 470-23 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(2)
Any person who violates a provision of this article except § 470-23 may be required to forfeit not less than $25 for a first violation, not more than $100 for a second violation, and not more than $1,000 for a third or subsequent violation; not less than $10 or more than $1,000 for each violation.
A.
Refuse and recycling services are contracted for by the Village Board
for all residential units in buildings of four families or fewer.
All charges for such services for the year shall be placed on the
real estate property tax bill as a special charge for the coming year.
B.
For new construction, the owner shall be charged a fee at the time
an occupancy permit is issued so as to reimburse the Village for the
remainder of the year's garbage/recycling fee.
C.
Said fees shall be specified by the Village Board as amended from
time to time based upon the Village's contract with its hauler and
shall be prorated from the date the occupancy permit is issued until
the end of that calendar year.
D.
The fee shall be charged on a per-residential-unit basis for all
multifamily properties of four units or fewer.
