[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:
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.
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.
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 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.
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.
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.