[HISTORY: Adopted by the Town Board of the Town of Winneconne 10-20-1994 as Ch. 13 of the 1994 Code. Amendments noted where applicable.]
Title. This chapter shall be titled "Solid Waste Disposal and Mandatory Recycling."
Purpose. To the extent permitted by law, this chapter is intended to serve as a municipal waste flow control ordinance in conjunction with program activities of Winnebago County and its Solid Waste Management Board. It is intended by this chapter to establish regulations that reduce the amount of solid waste and other disposables in landfills and thus protect the public health, public welfare and the environment. In so doing, this chapter is to promote recycling, composting, and resource recovery through the administration of an effective recycling program in the Town and to allow the Town to comply with Ch. 287, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, or their successor provisions.
Abrogation and greater restrictions. 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.
Interpretation. 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 state statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where the chapter 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 to this chapter.
Applicability. The requirements of this chapter apply to all persons within the Town of Winneconne, Winnebago County, Wisconsin.
Administration. The provisions of this chapter shall be administered by the Town Board or its designee.
Effective date. This chapter shall take effect on January 1, 1995.
Whenever any of the following terms are used in this chapter, such terms shall be deemed and construed to have the meaning ascribed to them as follows:
- BIMETAL CONTAINER
- A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
- A receptacle designed for the purpose of collection of recyclable materials. For the Town, containers will be transparent thirteen- to thirty-gallon bags. Required containers for other portions of the solid waste stream shall be as specifically designated in other portions of this chapter.
- CONTAINER BOARD
- Corrugated paper board used in the manufacture of shipping containers and related products.
- The person, corporation or partnership performing recyclable materials collection and processing under this chapter as well as solid waste collection and disposal.
- Discarded materials resulting from the handling, processing, preparation, storage, cooking and consumption of food, and discarded animal feces.
- HAZARDOUS SUBSTANCE
- Any substance or combination of substances which may cause or significantly contribute to an 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. This term includes, but is not limited to, pesticides and substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives, as determined by the Department of Natural Resources (DNR).
- High-density polyethylene labeled by SPI Code No. 2.
- Low-density polyethylene labeled by SPI Code No. 4.
- Magazines and other materials printed on similar paper.
- MAJOR APPLIANCE
- A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, furnace, boiler, dehumidifier or water heater.
- MEDICAL WASTE
- Infectious waste and those containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste.
- MIXED OR OTHER PLASTIC RESIN TYPES
- Plastic containers marked by SPI Code No. 7.
- MULTIPLE-FAMILY DWELLING
- A property containing five or more residential units, including those which are occupied seasonally.
- 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 printouts are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
- Includes any individual, corporation, partnership, association, local government unit as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
- Polyethylene terephthalate labeled by SPI Code No. 1.
- POST-CONSUMER 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.
- Polypropylene labeled by SPI Code No. 5.
- Polystyrene labeled by SPI Code No. 6.
- Polyvinyl chloride labeled by SPI Code No. 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 mixed or other resins or multiple resins, steel containers, waste tires and bimetal containers.
- All matters produced from industrial or community life, subject to decomposition, not defined as sewage or wastewater. This term does not include appliances, stones, concrete, dirt, plaster, tires, batteries, antifreeze, automotive engine waste oil, yard waste and building and demolition materials.
- RESIDENTIAL UNIT
- A space occupied or designed for human occupancy by a person
or group of persons at any time during the year within the limits
of the Town which constitutes a separate household occupied by a person
or group of persons. Each residential space on a farm or other property
containing more than one such space shall be considered a residential
unit. Residential spaces in properties containing more than four residential
units are not included. Residential space in an operating business
with commercial dumpsters is not included. A residential unit shall
be considered occupied when domestic light and power services are
supplied thereto.[Amended 1-15-2009]
- SOLID WASTE
- Has the meaning specified in § 289.01(33), Wis. Stats.
- 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.
- STEEL CONTAINER
- A container for beverage or food that is made primarily of a combination of steel and tin.
- 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 yard and garden debris and brush in excess of six inches in diameter, stumps, roots or shrubs with intact root balls.
Multiple-family dwellings and industrial areas. Solid waste shall be collected only from residential units and churches. No collection is provided by the Town from commercial and industrial establishments or multiple-family dwellings. These establishments must arrange for collection and disposal of all of their solid waste and recyclables in a manner required by this chapter.
Placement for pickup.
Containers must be set out by 6:00 a.m. on the collection date. A charge per occurrence as set by the Town Board will be assessed when the Town or its contractor must return to pick up a container set out after the regularly scheduled pickup has occurred.
"Roadside" refers to that portion of the right-of-way adjacent to paved or traveled public roadways. Containers shall be placed as close to the roadway as practicable without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, containers shall be placed as close as practicable to an access point for the collection vehicle.
Private roads that are capable of handling the smallest size and weight vehicle the Town's contractor has shall be included in the collection route, provided that the contractor can obtain permission from the owners and parties having maintenance responsibility for these roads, which includes a release of liability from the owners of the private roads. In the event permission cannot be obtained, only those materials that are left adjacent to the right-of-way of the intersecting public roadway near the point of its intersection with the private roadway will be picked up.
Separation. 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:
Lead acid batteries.
Corrugated paper or other container board.
Foam polystyrene packaging.
Magazines or other materials printed on similar paper.
Newspapers or other materials printed on newsprint.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other resins or multiple resins.
The Town Board reserves the right to designate by resolution additional solid waste items as recyclable material to be separated and/or collected by the Town or its contractor. The Town Board also reserves the right, after a variance has been obtained from DNR under § 287.11(2m), Wis. Stats., or its successor provision by the Town or the county, to so designate that certain solid waste items be deleted from those included as recyclable materials. The Town Board shall provide written notice to known occupants and contractors affected by these changes. The Town Board shall direct how added or deleted items shall be handled.
Exemptions. The separation requirements of Subsection A do not apply to the following:
Occupants of single-family and two- to four-unit residences, multiple-family residences and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the State DNR that recovers the materials specified in Subsection A from solid waste in as pure a form as technically feasible.
Solid waste from these occupants 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.
Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection A hereof 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. Recyclables 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, except as otherwise directed by order of the Town Board, shall manage lead acid batteries, major appliances, waste oil and yard waste as follows:
Batteries. Batteries shall not be picked up. Producers may take the batteries to a retail establishment that sells such batteries, designated Winnebago County solid waste battery collection site or any other lawfully designated collection site. The producer is responsible for any charges imposed by the sites to which the batteries are delivered.
Major appliances. Major appliances may be disposed of by contacting the Town's contracted hauler or by delivery to the designated county solid waste collection site. The producer is responsible for the cost imposed by either of these two facilities.
Waste oil. Producers may deliver waste oil to an oil retailer who has facilities for its recovery or deliver it to the designated county solid waste collection site. Producers are responsible for any charges imposed by the receiving facility.
[Amended 4-21-2005; 1-15-2009; 7-16-2009]
Solid waste other than recyclables.
All garbage and other refuse shall be stored in containers distributed by the Town.
The containers shall be kept clean and in a sanitary condition. Maintenance and repair of all containers shall be the responsibility of the property owner.
Animal feces shall be properly disposed of by wrapping it in paper and then placing it in a suitable plastic disposable container.
Except as otherwise specifically provided, stones, concrete, dirt, tires, batteries, antifreeze, medical waste, hazardous substances and automotive engine waste are not allowed in the solid waste stream and will not be picked up except as otherwise provided in this chapter. Any container with such prohibited materials will not be picked up.
Materials such as couches, bulky items and other items not otherwise provided for in this chapter, appliances and other items containing metal, which include but are not limited to engines, car parts, swing sets, piping, springs, lawn mowers and bicycles, require special arrangements for disposal and must be kept separate from other solid waste. They shall be disposed of, at the producer's expense, by contacting a state- and Town-licensed hauler or delivery to the designated county solid waste collection site.
If solid waste materials are not prepared according to the provisions of this chapter, or are not placed in suitable containers or locations, or if a container is damaged, employees of the Town's contractor shall tag these containers, and pickup shall not be made until the condition is remedied in compliance with this chapter.
Recyclables. Except as otherwise directed by order of the Town Board, occupants of single-family and two- to four-unit residences shall do the following for the proper preparation and recyclable material collection of the separated materials specified in § 264-5A(5) to (15).
Aluminum containers shall be rinsed clean and commingled in blue recycle totes with other recyclable items and placed at roadside for collection.
Bimetal containers shall be rinsed clean and commingled in blue recycle totes with other recyclable items and placed at roadside for collection.
Corrugated paper and other container board shall be flattened and commingled in blue recycle totes with other recyclable items and placed at roadside for collection.
Glass containers shall be rinsed clean and commingled in blue recycle totes with other recyclable items and placed at roadside for collection. Caps and lids must be removed.
Magazines or other materials printed on similar paper shall be commingled in blue recycle totes with other recyclables.
Newspaper or other materials printed on newsprint shall be commingled in blue recycle totes with other recyclables.
Office paper shall be commingled in blue recycle totes with other recyclables.
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other plastic containers made of mixed or other plastic resin types shall be rinsed clean and commingled in blue recycle totes with other recyclables.
Tin/steel containers shall be rinsed clean and commingled in blue recycle totes with other recyclable items and placed at roadside for collection.
Waste tires may be taken to the designated county solid waste collection site or special arrangements can be made for their pickup or delivery to the Town's contracted hauler or other state-licensed hauler. The producer is responsible for any additional charges in regard to tires.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 264-5A(5) to (15):
Provide adequate, separate containers for the recyclable materials.
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
Provide for the recyclable material collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
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.
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 DNR that recovers for recycling the materials specified in § 264-5A(5) to (15) from solid waste in as pure a form as is technically feasible.
Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 264-5A(5) to (15):
Provide adequate, separate containers for the recyclable materials.
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
Provide for the recyclable material 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.
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.
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 DNR that recovers for recycling the materials specified in § 264-5A(5) to (15) from solid waste in as pure a form as is technically feasible.
No person may dispose of recyclable materials in a solid waste disposal facility or burn in a solid waste treatment facility any of the recyclable materials specified in § 264-5A(5) to (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
Licenses. No person or corporation shall engage in the business of collecting solid waste or recyclables within the Town for storage, treatment, processing, marketing or disposal without first being licensed by the DNR under § NR 502.06, Wis. Adm. Code, and by the Town.
Restrictions. Haulers may not dispose in a landfill or dispose in a solid waste facility any recyclable materials generated in the Town that have been separated for recycling. Haulers shall not compact glass with paper during collection and transport of recyclables to a processing facility or market and shall maintain materials in marketable condition.
Any contractor operating in the Town shall not transport for processing any recyclables to a processing facility unless that facility has been, by January 1, 1995, self-certified with the Wisconsin Department of Natural Resources under § NR 544.16, Wis. Adm. Code.
Antiscavaging or unlawful removal of solid waste. It shall be unlawful for any person, unless under contract with or licensed by the Town, to collect or remove any material that has been deposited or placed at the curb or in a container adjacent to a home or nonresidential building for the purposes of collection for disposal or recycling.
No dumping. It shall be unlawful for any person to dispose of or dump solid waste in any street, alley, or public place within the Town or in any receptacles on private property without the owner's consent, unless it is placed in bags or containers in the manner and at the time specified by this chapter. No person shall place for collection any solid waste at the road right-of-way adjoining land not owned or occupied by such person.
Burning and burying. It shall be unlawful to burn or bury solid waste or recyclables other than yard waste by residential and nonresidential sectors and at construction sites. Open burning shall be permitted only of clean wood, yard waste and nontreated paper products.
Nondisposable materials. It shall be unlawful for any person to place for disposal any of the following wastes: hazardous and toxic waste, chemicals, explosives, flammable liquids, liquid paint, trees and stumps, construction debris, carcasses, and medical wastes, except that personal needles contained in rigid containers to eliminate injury to collection personnel can be placed for disposal with other landfill refuse.
Garbage from outside of municipality. It shall be unlawful to bring solid waste for disposal and recycling from outside the Town boundaries into the Town unless authorized by agreement with the Town.
The municipality shall determine the cost for regular and special solid waste and recycling collection and user fees to cover those costs. Fees shall be assessed as a line item on taxes under § 66.0627, Wis. Stats., on a yearly basis for up to no more than two cubic yards from a single producer on a collection day from residential units and churches.
Title to all materials, other than recyclables, shall pass to the Town's contracted hauler when placed in the contractor's collection vehicle, removed by the contractor from a container, or removed by the contractor from a residential unit, whichever occurs last. Title to recyclables shall pass to Winnebago County when placed in the Town contractor's collection vehicle, removed by the contractor from the container, or removed by the contractor from the residential unit, whichever occurs last.
The hauler has the right to reject or leave at the roadside any recyclable material that is not prepared according to the specifications in this chapter or in educational material provided by the contractor or Town to the producers. Materials may also be left if not separated from solid waste, placed in the proper container, or 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 material. In such cases, the hauler shall notify the producer of the materials as to the reasons for rejecting the items either verbally or in writing. The hauler shall also keep a list of such occurrences and provide it to the Town Clerk for a designated time period as determined by the Town Board.
The recycling haulers and processors operating in or for the Town are required to maintain records and report in writing to the Town Clerk at least twice each year.
Failure to report shall be cause for the Town to revoke any license or permit or to sever any contract with the hauler or processor.
Inspection. For the purpose of ascertaining compliance with the provisions of Ch. NR 544, Wis. Adm. Code, or its successor chapter and compliance with this chapter, any authorized officer, employee or representative of the Town may, under § 66.0119, Wis. Stats., or its successor sections, and under Ch. NR 544, Wis. Adm. Code, or its successor provisions, inspect recyclable materials in the Town separated for recycling; inspect post-consumer waste in the Town intended for disposal; inspect any recyclable material collection locations and any other collection facilities and collection vehicles in the Town, including any collection areas for single-family and two- to four-unit residential dwelling units, multiple-family dwelling units and nonresidential facilities and properties that are controlled by any occupants, any contractor of the Town, any permitted collector, or any other person participating in any recycling activity in the Town, any solid waste disposal facilities and solid waste treatment facilities; and, in addition, inspect any records relating to recyclable material activities of any occupants, any contractor for the Town, any permitted collectors or other persons in the Town. These records shall be kept confidential by the Town Board when necessary to protect proprietary information.
Any person who violates a provision of this chapter may be issued a citation by the Town under this chapter 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.
Penalties for violating this chapter may be assessed as follows:
Any person who violates § 264-10 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.