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.
CONTAINER
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.
CONTRACTOR
The person, corporation or partnership performing recyclable
materials collection and processing under this chapter as well as
solid waste collection and disposal.
GARBAGE
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).
HDPE
High-density polyethylene labeled by SPI Code No. 2.
LDPE
Low-density polyethylene labeled by SPI Code No. 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, 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.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including
those which are occupied seasonally.
NEWSPAPER
Newspaper and other materials printed on newsprint.
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.
PERSON
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.
PETE
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.
PP
Polypropylene labeled by SPI Code No. 5.
PS
Polystyrene labeled by SPI Code No. 6.
PVC
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.
REFUSE
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 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.
[Amended 7-16-2009]
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:
A. 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.
B. 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.
C. 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.
D. Yard waste. Subject to other applicable restrictions, yard waste
shall not be picked up. Producers may compost, burn or bury yard waste
on their own properties. It may also be delivered to the county solid waste collection
site.
[Amended 4-21-2005; 1-15-2009; 7-16-2009]
A. Solid waste other than recyclables.
(1) All garbage and other refuse shall be stored in containers distributed
by the Town.
(2) 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.
(3) Animal feces shall be properly disposed of by wrapping it in paper
and then placing it in a suitable plastic disposable container.
(4) 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.
(5) 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.
(6) 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.
B. 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).
(1) Aluminum containers shall be rinsed clean and commingled in blue
recycle totes with other recyclable items and placed at roadside for
collection.
(2) Bimetal containers shall be rinsed clean and commingled in blue recycle
totes with other recyclable items and placed at roadside for collection.
(3) 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.
(4) 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.
(5) Magazines or other materials printed on similar paper shall be commingled
in blue recycle totes with other recyclables.
(6) Newspaper or other materials printed on newsprint shall be commingled
in blue recycle totes with other recyclables.
(7) Office paper shall be commingled in blue recycle totes with other
recyclables.
(8) 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.
(9) Tin/steel containers shall be rinsed clean and commingled in blue
recycle totes with other recyclable items and placed at roadside for
collection.
(10)
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.
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.
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.
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.
A. Reports shall include:
(1) The amount of solid waste and recyclables collected
and transported from the Town.
(2) The amount of recyclables processed and/or marketed
by item type from the Town.
(3) The final disposal location of solid waste and recyclable
material.
B. 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.