[Amended 12-6-1994 by Ord. No. 1484(15)]
This article is adopted as authorized under
§ 287.09(3)(b), Wis. Stats.
It is not intended by this article 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 article imposes greater restrictions, the provisions
of this article shall apply.
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 requirements or interpretation shall apply. Where
a provision of this article is required by Wisconsin Statutes, or
by a standard in Ch. NR 544, Wis. Admin. Code, and where the article
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 article, or in effect on the date
of the most recent text amendment to this article.
The requirements of this article apply to all
persons within the City of Burlington.
The provisions of this article shall be administered
by the City of Burlington Common Council.
Occupants of single-family and two- to four-unit
residences, multiple-family dwellings and nonresidential facilities
and properties shall separate the following materials from postconsumer
waste:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines.
K.
Newspaper.
L.
Office paper.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 265-11 do not apply to the following:
A.
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 § 265-11 from solid waste in as pure a form as is technically feasible.
B.
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 § 265-11 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.
A.
Occupants of single-family and two- to four-unit residences.
Occupants of single-family and two- to four-unit residences shall
separate lead acid batteries, major appliances, waste oil, and yard
waste from the waste stream.
(1)
Lead acid batteries generated from the residence only
shall be separated from the waste stream and placed at the curb or
alley in good and nonleaking condition for collection.
(2)
Major appliances generated from the residence only
shall be separated from the waste stream and placed at the curb or
alley for collection to be recycled. Microwave ovens with the capacitor
removed may be normally disposed.
(3)
Waste oil shall be deposited at the City of Burlington
waste oil depository.
(4)
Yard waste shall be separated for composting either
privately or through the City of Burlington compost program.
B.
Occupants of multiple-family dwellings and nonresidential
facilities. Occupants of multiple-family dwellings and nonresidential
facilities and properties shall separate lead acid batteries, major
appliances, waste oil, and yard waste from the waste stream.
(1)
Lead acid batteries shall be separated from the waste
stream and properly recycled by private contract.
(2)
Major appliances generated shall be separated from
the waste stream and properly recycled by private contract. Microwave
ovens with the capacitor removed may be normally disposed.
(3)
Waste oil shall be deposited at the City of Burlington
waste oil depository.
(4)
Yard waste shall be separated for composting either
privately or through the City of Burlington compost program.
Except as otherwise directed by the City of Burlington, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 265-11E through O:
A.
Aluminum containers shall be rinsed free of product
residue and placed in the designated recycling bin for curbside or
alley collection.
B.
Bimetal containers shall be rinsed free of product
residue and placed in the designated recycling bin for curbside or
alley collection.
C.
Corrugated paper or other container board shall be
free of debris, flattened, stacked and tied and placed at the curb
or alley for collection.
D.
Foam polystyrene packaging shall be free of debris,
stacked and tied and placed at the curb or alley for collection.
E.
Glass containers shall be rinsed free of product residue,
have caps, lids, and neck rings removed, and be placed in the designated
recycling bin for curbside or alley collection.
F.
Magazines shall be bagged or tied and stacked on top
of the designated recycling bin for curbside or alley collection.
G.
Newspaper shall be bagged or tied and stacked on top
of the designated recycling bin for curbside or alley collection.
H.
Office paper shall be bagged or tied and stacked on
top of the designated recycling bin for curbside or alley collection.
I.
Plastic containers shall be rinsed free of product
residue and caps and neck rings shall be removed and discarded. The
containers shall be placed in the designated recycling bin for curbside
or alley collection.[1]
J.
Steel containers shall be rinsed free of product residue
and caps shall be removed and discarded. The containers shall be placed
in the designated recycling bin for curbside or alley collection.
K.
Waste tires will be collected at the curb or alley
for a special charge by the hauler to be paid directly by the resident.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 265-11A through O:
(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.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 265-11E through O from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 265-11E through O:
(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.
The requirements specified in Subsection A 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 Department of Natural Resources that recovers for recycling the materials specified in § 265-11E through O from solid waste in as pure a form as is technically feasible.
A.
Disposal of recyclable 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 § 265-11E through O which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.
B.
Disposal of batteries, major appliances, oil and yard
waste. No person may dispose of or burn a lead acid battery, a major
appliance, waste oil or yard waste in a solid waste disposal facility
except as provided in § 287.07(1m) and (2), Wis. Stats.
No person may dispose of yard waste contained in a nondecomposable
bag at a solid waste treatment or storage facility in violation of
§ 287.08, Wis. Stats.
[Added 11-18-2003 by Ord. No. 1740(20)]
A.
For the purpose of ascertaining compliance with the
provisions of this article, any authorized officer, employee or representatives
of the City of Burlington 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,
and any records relating to recycling activities, which shall be kept
confidential when necessary to protect proprietary information. No
person may refuse access to any authorized officer, employee or authorized
representative of the City of Burlington who requests access for purposes
of inspection and who presents appropriate credentials. No person
may obstruct, hamper, or interfere with such an inspection.
B.
Any person who violated a provision of this article
may be issued a citation by the City of Burlington 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 for violating this article may be assessed
as follows:
[Amended 11-18-2003 by Ord. No. 1740(20)]
