Town of Herman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Herman as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 224.
Junked vehicles and appliances — See Ch. 289, Art. I.
Sanitary District regulations — See Ch. A400.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 369-1 Title and purpose.

This article is titled the "Town of Herman Recycling Ordinance." The purpose of this article is to promote recycling, composting and resource recovery and to establish and implement a recycling ordinance pursuant to § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.

§ 369-2 Authority.

The Town Board of the Town of Herman is a "responsible unit" as defined by § 287.01, Wis. Stats. As such, the Town has the authority under Ch. 287, Wis. Stats., as well as pursuant to its village powers under § 60.10, Wis. Stats., to plan, develop, implement and operate an effective recycling program within the Town. This article is adopted as authorized under § 287.09(3)(b), Wis. Stats., for recycling responsible units.

§ 369-3 Rules of construction.

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 requirement 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 in this article is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code, standards in effect on the date of the adoption of this article, or in effect on the date of the most recent amendment to this article.

§ 369-4 Applicability.

The requirements of this article apply to all persons within the Town of Herman, Dodge County, Wisconsin.

§ 369-5 Administration.

The provisions of this article shall be administered by the Herman Town Board or its designee.

§ 369-6 Definitions.

The following definitions shall be applicable in this article:
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.
CONTRACTOR
The person, corporation or partnership performing recyclable materials collection and processing under this article.
FOAM POLYSTYRENE PACKING
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.
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 of the State of Wisconsin.
HDPE
High-density polyethylene plastic containers marked by the SPI Code No. 2.
LDPE
Low-density polyethylene plastic containers marked by the 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, oven, refrigerator, stove, furnace, boiler, dehumidifier, water heater and microwave oven from which the capacitor has been removed.
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 the SPI Code No. 7.
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 plastic containers marked 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.
PP
Polypropylene plastic containers marked by the SPI Code No. 5.
PRODUCER
The person whose ultimate use of a product results in solid waste being generated, whether recyclable or not.
PS
Polystyrene plastic containers marked by the SPI Code No. 6.
PVC
Polyvinyl chloride plastic containers marked by the SPI Code No. 3.
RECYCLABLE MATERIALS
Lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspapers; office paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types; steel containers; waste tires; and bimetal containers.
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. "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.

§ 369-7 Separation of recyclable materials required.

A. 
Recycling of designated materials required. Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate or commingle the following materials from post-consumer waste as designated:
(1) 
Lead acid batteries (separate from post-consumer waste).
(2) 
Major appliances (separate from post-consumer waste).
(3) 
Waste oil (separate from post-consumer waste).
(4) 
Yard waste (separate from post-consumer waste).
(5) 
Aluminum containers (may be commingled).
(6) 
Corrugated paper or other container board (may be commingled).
(7) 
Magazines or other materials printed on similar paper (may be commingled).
(8) 
Newspapers or other materials printed on newsprint (may be commingled).
(9) 
Office paper (may be commingled).
(10) 
Steel containers (separate from post-consumer waste).
(11) 
Waste tires (separate from post-consumer waste).
(12) 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins (may be commingled).
(13) 
Glass containers (may be commingled).
(14) 
Bimetal containers (may be commingled).
(15) 
Foam polystyrene packaging (may be commingled).
B. 
Separation requirements exempted. The separation requirements of Subsection A above do not apply to any occupants of the Town regarding the following:
(1) 
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 Subsection A from solid waste in as pure a form as is technically feasible.
(2) 
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.
(3) 
A recyclable material of these occupants specified in Subsection A above for which a variance has been granted to the Town by the Wisconsin Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code, or their successor provisions.
C. 
Preparation and collection of recyclable materials.
(1) 
Steel containers shall be brought to the recycling dropoff site.
(2) 
Waste tires shall be brought to the recycling dropoff site or taken back to the retailer.

§ 369-8 Care of separated recyclable materials.

To the greatest extent practicable, the recyclable materials separated in accordance with § 369-7 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.

§ 369-9 Lead acid batteries, major appliances, waste oil and yard waste.

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 brought to the recycling dropoff site or taken back to the retailer.
B. 
Major appliances shall be brought with motors and other parts intact.
C. 
Waste oil shall be brought in plastic jugs to the recycling dropoff site.
D. 
Yard waste shall not be brought to the recycling site but should be composted at home. Leave grass clippings on lawn.

§ 369-10 Multiple-family dwellings.

A. 
Responsibilities of owners. Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 369-7A:
(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. 
Exception. The requirements specified in Subsection A do not apply to the owners of designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 369-7A from solid waste in as pure a form as is technically feasible.

§ 369-11 Nonresidential facilities and properties.

A. 
Requirements. Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 369-7A:
(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. 
Exemptions. The requirements set forth above 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 Wisconsin Department of Natural Resources that recovers for recycling the materials specified in § 369-7A from solid waste in as pure a form as is technically feasible.

§ 369-12 Prohibitions on disposal of materials separated for recycling.

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 § 369-7A which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.

§ 369-13 Enforcement; violations and penalties.

A. 
Inspections. Any authorized officer, employee or representative of the Town Board or its contractors 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, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities, for the purpose of ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the Town Board or its contractor who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
B. 
Citation. Any person who violates a provision of this article may be issued a citation by the Town Board or its designee 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. Penalties for violating this article may be assessed as provided in § 1-4 of this Code.