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Village of Grafton, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Grafton by Ord. No. 030, Series 1994 (Title 8, Ch. 8.21, of the 1979 Code). Amendments noted where applicable.]
[Amended by Ord. No. 008, Series 2006]
The purpose of this chapter 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.
[Amended by Ord. No. 008, Series 2006]
This chapter is adopted as authorized under § 287.09(3)(b), Wis. Stats.
It is not intended by this chapter 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 chapter imposes greater restrictions, the provisions of this chapter shall apply.
In their interpretation and application, the provisions of this chapter 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 chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this chapter 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 chapter or in effect on the date of the most recent text amendment of this chapter.
[Amended by Ord. No. 008, Series 2006]
The requirements of this chapter apply to all persons within the Village of Grafton.
The provisions of this chapter shall be administered by the Director of Public Works.
As used in this chapter, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
A. 
Is designed for serving food or beverages.
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High-density polyethylene, labeled by the SPI code #2.
LDPE
Low-density polyethylene, labeled by the SPI code #4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, residential or commercial furnace, boiler, dehumidifier, water heater, oven, refrigerator or stove.
MULTIPLE-FAMILY DWELLING
A property containing four or more residential units, including those which are occupied seasonally.
NEWSPAPER
Newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. It includes any location at which goods or services are provided or manufactured, including locations under construction, demolition or remodeling, or used for special events, such as but not limited to fairs, festivals, sport venues, conferences and exhibits.
[Amended by Ord. No. 008, Series 2006]
OFFICE PAPER
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.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI code #7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 287.01(5m), Wis. Stats., state agency or authority or federal agency.
[Amended by Ord. No. 008, Series 2006]
PETE
Polyethylene terephthalate, labeled by the SPI code #1.
PLASTIC CONTAINER
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.
POST-CONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 287.01(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.
[Amended by Ord. No. 008, Series 2006]
PP
Polypropylene, labeled by the SPI code #5.
PS
Polystyrene, labeled by the SPI code #6.
PVC
Polyvinyl chloride, labeled by the SPI code #3.
RECYCLABLE MATERIALS
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.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(3), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
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 by Ord. No. 016, Series 2006]
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. 
Foam polystyrene packaging.
H. 
Glass containers.
I. 
Magazines.
J. 
Newspapers.
K. 
Office paper.
L. 
Steel containers.
M. 
Waste tires.
N. 
Corrugated paper or other container board.
O. 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
The separation requirements of § 8.21.070 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 § 8-21-070 from solid waste in as pure a form as is technically feasible.
[Amended by Ord. No. 016, Series 2006]
B. 
If less than 30% of the heat input to the facility is derived from the solid waste which is burned as supplemental fuel at that facility in accordance with § 287.07(7)(bg), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
C. 
Foam polystyrene packaging and rigid plastic containers made of PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7). These items have been granted a separation variance by the Department of Natural Resources, § 287.907(7)(h), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
To the greatest extent practicable, the recyclable materials separated in accordance with § 8.21.070 shall be clean and kept free of contaminants such as food or products 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 conditions that could reduce the marketability of the recyclable materials.
[Amended by Ord. No. 016, Series 2006]
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 a local authorized dealer accepting this product.
B. 
Major appliances shall be taken to a local authorized dealer accepting this product.
C. 
Waste oil shall be taken to a location determined by the Director of Public Works.
D. 
Yard waste shall be taken to a location determined by the Director of Public Works.
[Amended by Ord. No. 012, Series 2009]
Except as otherwise directed by the Director of Public Works, occupants of single-family and two- to four-unit residences and qualifying nonresidential properties shall place all recyclable materials into the Village-provided cart and place the cart at the curb on the designated collection day at least three feet away from any object adjoining the property by 7:00 a.m. of the pickup day, but not more than 12 hours prior to collection. Containers must be removed from the curb within 12 hours after collection.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 8.21.070:
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:
1. 
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 § 8.21.070 from solid waste in as pure a form as is technically feasible.
2. 
Less than 30% of the heat input to a facility is derived from the solid waste which is burned as a supplemental fuel at the facility in accordance with § 287.07(7)(bg), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
3. 
Items have been granted a separation variance by the Department of Natural Resources under § 298.07(7)(h), Wis. Stats. Currently items which need not be separated from solid waste are foam polystyrene packaging and rigid plastic containers made from PVC (#3), LDPE (#4), PP, (#5), PS (#6), and other resins or multiple resins (#7).
[Amended by Ord. No. 008, Series 2006]
C. 
All multiple-family dwellings, as defined in § 8.21.060, shall be charged a fee for recycling pickup. The fee for said service shall be equal to the fee charged to the Village of Grafton by the service provider.
[Amended by Ord. No. 016, Series 2006]
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 8.21.070:
1. 
For a new building or a building that is remodeled or expanded by 50% or more in floor area, provide a designated area for separation, temporary storage, and collection of solid waste and recyclables either within or adjacent to the building.
2. 
Provide adequate, separate containers for the recyclable materials.
3. 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
4. 
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.
5. 
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 multiple-family dwellings, if:
1. 
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 § 8.21.070 from solid waste in as pure a form as is technically feasible.
2. 
Less than 30% of the heat input to a facility is derived from the solid waste which is burned as a supplemental fuel at the facility in accordance with § 287.07(7)(bg), Wis. Stats.
[Amended by Ord. No. 008, Series 2006]
3. 
Items have been granted a separation variance by the Department of Natural Resources under § 287.07(7)(h), Wis. Stats. Currently items which need not be separated from solid waste are foam polystyrene packaging and rigid plastic containers made from PVC (#3), LDPE (#4), PP (#5), PS (#6), and other resins or multiple resins (#7).
[Amended by Ord. No. 008, Series 2006]
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 § 8.21.070 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
For the purpose of ascertaining compliance with the provisions of this chapter, the Director of Public Works or his designee 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 Grafton who requests access for purpose of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
A. 
Any person who violates a provision of this chapter may be issued a citation by the Village of Grafton Police Department 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.
[Amended by Ord. No. 008, Series 2006]
B. 
Penalties for violating this chapter may be assessed as follows:
1. 
Any person who violates § 8.21.140 may be required to forfeit $50 for the 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 chapter, except § 8.21.140 may be required to forfeit not less than $10 nor more than $1,000 for each violation.
The provisions of this chapter shall take effect on January 1, 2007.