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Town of Fulton, WI
Rock County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fulton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 272.
Nuisances — See Ch. 318.
[Adopted 9-12-1996 as Ch. 9 of the 1996 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.
This article is adopted as authorized under § 287.09, 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 article 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 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 and entities within the Town of Fulton, Rock County, Wisconsin.
The provisions of this article shall be administered by the Town of Fulton Board of Supervisors or its designee.
For the purposes of this article, the following terms shall have the meaning 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. 
It is designed for serving food or beverages.
B. 
It consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
It 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 No. 2.
HOUSEHOLD HAZARDOUS WASTE
Certain solid wastes from household sources that are excluded from being considered hazardous wastes pursuant to Ch. NR 187, Wis. Adm. Code, and/or orders of the State Department of Natural Resources.
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 from which the capacitor has been removed, oven, stove, residential or commercial furnace, boiler, dehumidifier and water heater.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
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.
PERSON
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.
PETE
Polyethylene terephthalate, labeled by the SPI Code No. 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.
POSTCONSUMER WASTE
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.
RECYCLABLE MATERIAL
Includes lead acid batteries; major appliances; waste oil; 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 and HDPE; steel containers, waste tires; and bimetal containers.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats. Included in this definition, without intending to limit it, are rubbish and garbage.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Wis. Stats.
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.
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. 
Aluminum containers.
E. 
Bimetal containers.
F. 
Corrugated paper or other container board.
G. 
Foam polystyrene packaging.
H. 
Glass containers.
I. 
Magazines or other material printed on similar paper.
J. 
Newspaper or other material printed on newsprint.
K. 
Office paper.
L. 
Rigid plastic containers made of PETE and HDPE.
M. 
Steel containers.
N. 
Waste tires.
The separation requirements of § 370-8 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 § 370-8 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.
C. 
A recyclable material for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 370-8 shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other nonrecyclable materials, including but not remitted 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 placed at the roadside separated from solid waste for collection by the Town's solid waste contractor. Car, truck and other automotive batteries only will be collected. Battery casing must be unbroken.
B. 
Major appliances shall be placed at roadside separated from solid waste for collection by the Town's solid waste contractor. Appliances shall be upright and empty. Freezers and refrigerators must have doors removed. Town residents must contact the Town's solid waste contractor to arrange for collection of all appliances.
C. 
Waste oil shall be placed at roadside separated from solid waste for collection by the Town's solid waste contractor. Common engine oil only will be collected and must be in leakproof, nonbreakable containers of a maximum size of one gallon.
D. 
Yard waste may be composted by the homeowner via backyard composting or other methods available to the homeowner. Yard waste will not be collected by the Town's independent contractor.
Except as otherwise directed by the Town of Fulton's independent contractor or the Town, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated material:
A. 
Aluminum containers shall be rinsed and placed in the recycling container provided for collection. No aluminum foil, television dinner trays, or like materials will be collected. Aluminum beverage cans only will be collected.
B. 
Bimetal containers shall be rinsed, have labels removed and be placed in the recycling container provided for collection. Containers may be flattened to save space within the recycling container.
C. 
Corrugated paper or other container board shall be flattened and tied in bundles and placed along the recycling container for collection.
D. 
Foam polystyrene packaging will not be collected for recycling. This material has received a statewide exemption from recycling.
E. 
Glass containers shall be rinsed, have all metal and plastic caps and rings removed and be placed in the recycling container for collection.
F. 
Magazines shall be tied in bundles and placed along or within the recycling container for collection.
G. 
Newspaper shall be tied in bundles and placed along or within the recycling container for collection.
H. 
Office paper shall placed inside paper grocery bags and placed along or within the recycling container for collection.
I. 
Plastic containers made of PETE shall be rinsed and placed within the recycling container for collection. Containers may be flattened to save space within the recycling container.
J. 
Plastic containers made of HDPE shall be rinsed and placed within the recycling container for collection. Containers may be flattened to save space within the recycling container.
K. 
Steel containers shall be rinsed, have labels removed and be placed in the recycling container provided for collection. Containers may be flattened to save space within the recycling container.
L. 
Waste tires shall be placed at roadside separated from solid waste for collection by the Town's solid waste contractor. Car, truck, and other tires not exceeding four feet in diameter or 80 pounds in weight will be collected.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified above:
(1) 
Provide adequate, separate containers for the recyclable materials, except for one recycling bin which will be furnished by the Town's independent contractor.
(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) 
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 postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling materials 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 the materials specified above:
(1) 
Provide adequate, separate containers for the recyclable materials, except for one recycling bin which will be furnished by the Town's independent contractor.
(2) 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
(3) 
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 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 materials from solid waste in as pure a form as is technically feasible.
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified above, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A. 
For the purposes of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Town of Fulton 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 Town of Fulton 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 Town of Fulton 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 ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
C. 
Penalties for violating this article may be assessed as provided in Chapter 1, § 1-4 and Chapter 20, Citations, of this Code. Each violation shall be a separate offense and each day or part thereof during which a violation occurs shall be deemed a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The Town of Fulton may contract with a commercial collection service (independent contractor) to implement this article.
B. 
The independent contractor will be selected upon such criteria as the Town deems relevant, including the experience and equipment capabilities of the contractor and the cost to users. The Town will enter into a written contract with the independent contractor.
C. 
The contract with the independent contractor shall provide that the independent contractor will provide collection services to persons (as defined at § 370-7) who generate solid waste or recyclable materials. The special charges for such shall be determined by the independent contractor and Town of Fulton and shall be reasonable.
D. 
In order to fund the provisions of this article, the cost for services rendered pursuant thereto are hereby allocated to the property served pursuant to §§ 66.0627 and 287.093, Wis. Stats., as special charges. Such special charges shall not be payable in installments. If such special charges are not paid by November 30 of the year in which the special charges are assessed, such special charges shall become a lien upon the properties served and shall automatically be extended upon the current or next tax roll as a tax against the property.
E. 
Any government grants made to the Town of Fulton specifically for recycling shall be used to defray the special charges above, as required by Wisconsin law.
Any amendments to § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, since the effective date of this Code shall be made a part of and are incorporated by reference into this article.