[Adopted 5-19-1994 by Ord. No. 840 (§ 11.05 of
the 1964 Code); amended in its entirety 11-4-2020 by Ord. No. 1452]
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 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 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.
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.
The requirements of this article apply to all persons within
the City of Muskego.
For the purposes of 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:
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, ovenware, plate glass, safety and window
glass, heat-resistant glass such as Pyrex, lead-based glass such as
crystal, or TV tubes.
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,
stove, residential or commercial furnace, boiler, dehumidifier or
water heater.
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;
yard waste; aluminum containers; corrugated paper or other container
board; foam polystyrene packaging; 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; 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 postconsumer waste in
the manner and beginning on the dates provided herein:
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 papers.
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 § 350-33 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 § 350-33 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 § 350-33 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 disposed of in a manner as described
in the City of Muskego's website which may be amended from time
to time.
B.
Major appliances shall be disposed of in a manner as described on the City of Muskego's website, which may be amended from time to time. In the case of nonresidential facilities, major appliances shall be managed as provided in § 350-39.
C.
Waste oil shall be disposed of in a manner as described on the City
of Muskego's website, which may be amended from time to time.
D.
Yard waste shall be disposed of in a manner as described on the City
of Muskego's website, which may be amended from time to time.
Except as otherwise directed by the Public Works and Development Director or designee, occupants of single-family and two- to four-unit residences shall provide for the preparation and collection of the separated materials specified in § 350-33E through O by cleaning those materials from any residue and then placing the materials curbside, or at the location on the property designated for refuse collection at two- to four-unit residences if other than curbside, in the designated recycling container, on alternating weeks as directed by the Public Works and Development Director or designee, on the same day as normal refuse collection. Materials must be separated and prepared for recycling beginning on the following dates noted below:
A.
Beginning July 1, 1994, the following materials shall be separated
and placed curbside for recycling:
(1)
Aluminum containers.
(2)
Bimetal containers.
(3)
Glass containers.
(4)
Newspapers.
(5)
Plastic containers made of PETE and HDPE, unless directed otherwise
by the Public Works and Development Director or designee due to excessive
contamination by oil, antifreeze or other substances.
(6)
Steel containers.
(7)
Waste tires.
A.
Owners or designated agents of multiple-family dwellings and two- to four-unit residences shall do all of the following to recycle the materials specified in § 350-33E through O:
(1)
Provide that the separate containers specifically designated for
the recyclable materials are placed in an accessible location adjacent
to the containers provided for normal refuse collection.
(2)
Notify tenants, in writing, at the time of renting or leasing the
dwelling and at least semiannually thereafter about the established
recycling program and recycling requirements, including but not limited
to the requirements of this article.
(3)
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.
Owners or designated agents of multiple-family dwellings shall be
responsible for control of all containers and for enforcement of these
requirements among tenants.
A.
Effective January 1, 1995, or such other date as directed by the Public Works and Development Director or designee pursuant to state law, owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 350-33E 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 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(1) 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 § 350-33E through O from solid waste in as pure a form as is technically feasible.
In the event that a container is lost, stolen, removed from
the property to which it was assigned or damaged to the extent that
it is no longer usable for recycling purposes, the property owner
shall be charged by the City for all costs incurred by the City in
replacing the container.
A.
For the purposes of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the City of Muskego 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 City of Muskego 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 for noncompliance. 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.
