[HISTORY: Adopted by the Town Board of the Town of Herman
as indicated in article histories. Amendments noted where applicable.]
[Adopted at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
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.
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.
The requirements of this article apply to all persons within
the Town of Herman, Dodge County, Wisconsin.
The provisions of this article shall be administered by the
Herman Town Board or its designee.
The following definitions shall be applicable in this article:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
The person, corporation or partnership performing recyclable
materials collection and processing under this article.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
Discarded materials resulting from the handling, processing,
preparation, storage, cooking, and consumption of food, and discarded
animal feces.
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.
High-density polyethylene plastic containers marked by the
SPI Code No. 2.
Low-density polyethylene plastic containers marked by the
SPI Code No. 4.
Magazines and other materials printed on similar paper.
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.
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.
Plastic containers marked by the SPI Code No. 7.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
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.
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.
Polyethylene terephthalate plastic containers marked by the
SPI Code No. 1.
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.
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 plastic containers marked by the SPI Code No.
5.
The person whose ultimate use of a product results in solid
waste being generated, whether recyclable or not.
Polystyrene plastic containers marked by the SPI Code No.
6.
Polyvinyl chloride plastic containers marked by the SPI Code
No. 3.
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.
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage, or defect.
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.
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.
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.
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.
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.
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.
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.
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.
