[Adopted 1-2-1991 as Title 5, Ch. 3 of the 1991 Code]
The title of this article shall be "Recycling
Ordinance for the Town of Cedarburg," a municipality located in Ozaukee
County, Wisconsin.
The purpose of this article is to promote recycling,
composting and resource recovery through the administration of an
effective recycling program, as provided in § 287.11, Wis.
Stats., and Ch. NR 544, Wis. Adm. Code.
This article is adopted as authorized under
§ 287.09, Wis. Stats., and §§ NR 544.04(2)
and NR 544.06, Wis. Adm. Code.
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.
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
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. Adm. Code, and where the provision of this article is
unclear, the provision shall be interpreted in light of the Wisconsin
Statutes and the Ch. 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 text amendment to this article.
[Amended 5-6-2009 by Ord. No. 2009-10; 12-3-2014 by Ord. No. 2014-16]
The requirements of this article apply to all
persons within the Town of Cedarburg.
The provisions of this article shall be administered
by the Town Administrator of the Town of Cedarburg.
For the purpose of this article, the following
terms shall have the meaning indicated:
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.
A system for collecting recyclable materials in which the
recyclable materials are taken by individuals to designated collection
sites and deposited into designated containers from which the recyclable
materials are processed and marketed.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
A person, firm, partnership or corporation that collects
solid waste or recyclables for storage, treatment, processing, marketing
or disposal in the Town of Cedarburg.
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 3.
Magazines and other materials printed on similar glossy paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven with capacitor,
oven, refrigerator, stove, residential and commercial furnace, boiler,
dehumidifier, and water heater.
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.
Plastic resin labeled by the SPI Code No. 7.
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, labeled 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, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Includes lead acid batteries; major appliances; waste oil;
yard waste; aluminum containers; corrugated paper or other container
board; glass containers; magazines; newspaper; office paper; rigid
plastic containers, including those made of PETE, HDPE, PVC, LDPE,
PP, PS, and other resins or multiple resins; steel containers; waste
tires; bimetal containers, and consumer electronics.[1]
[Amended 12-1-2010 by Ord. No. 2010-17]
An individual household capable of independent habitation
by a family unit. A single-family dwelling shall be considered to
be one residential unit; a multifamily dwelling shall be considered
to be multiple residential units, the number of residential units
to equal the number of family units to be housed therein. Residential
units shall not include boardinghouses, motels, resorts or bed-and-breakfasts.
[Added 12-3-2014 by Ord.
No. 2014-16]
The meaning specified in § 289.01(33), Wis. Stats.
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.
As used herein, refers specifically to the Town of Cedarburg,
Ozaukee County, Wisconsin, or its Town Board, its designee, or assignee.
[Amended 12-3-2014 by Ord. No. 2014-16]
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Leaves, grass clippings, and yard and garden debris. This
term does not include brush, stumps, roots or shrubs with intact root
balls.
[Amended 10-4-2006 by Ord. No. 2006-11]
[1]
Editor's Note: The former definition of "recycling center,"
which immediately followed this definition, was repealed 12-3-2014
by Ord. No. 2014-16.
Occupants of single-family and two- to four-unit
residences, multiple-family dwellings and nonresidential facilities
and properties shall separate the following materials from post-consumer
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.
Glass containers.
[Amended 12-1-2010 by Ord. No. 2010-17]
I.
Phone books.
[Amended 12-1-2010 by Ord. No. 2010-17]
J.
Magazines.
K.
Newspaper.
L.
Office paper.
M.
Rigid plastic containers made of PETE, HDPE, PVC,
LDPE, PP, PS, and other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
P.
Consumer electronics.
[Added 12-1-2010 by Ord. No. 2010-17]
The separation requirements of § 273-21 do not apply to the following:
A.
Occupants of properties that take or send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 273-21 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.
[Amended 12-3-2014 by Ord. No. 2014-16; 1-4-2023 by Ord. No. 2023-1]
To the greatest extent practicable, the recyclable materials separated in accordance with § 273-21, whether brought to Town of Cedarburg Town yard or recycled curbside by an individual or hauler, 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. Prior to curbside collection, recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions, so as to maintain their marketability and value.
[Amended 10-4-2006 by Ord. No. 2006-11; 12-1-2010 by Ord. No. 2010-17; 12-3-2014 by Ord. No. 2014-16]
Occupants of single-family and two- to four-unit
residences, multiple-family dwellings and nonresidential facilities
and properties, subject to Town recycling rules, may manage lead acid
batteries, major appliances, waste oil, and yard waste as follows:
A.
Lead acid batteries may be delivered to the Town Yard.
B.
Couches, furniture and other non-metal bulky items may be picked up by the Town by special pickup as described in § 273-6A(6).
C.
Major appliances and other metal items may be picked up by the Town for a special pickup fee as set forth in § 273-6A(6). Subject to Town recycling rules, nonhazardous metal items may be dropped off at the Town of Cedarburg dropoff area.
D.
Waste oil may be delivered to the Town of Cedarburg
dropoff area and placed in the site specifically designated therefor.
E.
Yard waste shall be delivered to the Town of Cedarburg
dropoff area and placed in the site specifically designated therefor.
[Amended 10-4-2006 by Ord. No. 2006-11; 12-1-2010 by Ord. No.
2010-17; 12-3-2014 by Ord. No. 2014-16]
A.
Preparation and collection. Of the recyclable materials required to be separated under § 273-21A through P, the following recyclable materials shall be collected for residential units at the curbside adjacent to the residence owned or occupied by the person, of the street designated in the published collection schedule for collection, by the Town or by an authorized licensed hauler.
(1)
Aluminum containers: rinse thoroughly and dry.
(2)
Bimetal containers: rinse thoroughly and dry.
(3)
Corrugated paper or other container board shall be free of debris.
(4)
Glass containers: wash and rinse.
(5)
Phone books.
(6)
Magazines.
(7)
Newspaper.
(8)
Office paper.
(9)
Rigid plastic containers:
(a)
Plastic containers made of PETE shall be rinsed free of product
residue, and caps shall be removed and discarded, including milk jugs
and detergent bottles.
(b)
Plastic containers made of HDPE shall be free of product residue.
(c)
Plastic containers made of PVC shall be free of product residue.
(d)
Plastic containers made of LDPE shall be free of product residue.
(e)
Plastic containers made of PP shall be free of product residue.
(f)
Plastic containers made of PS shall be free of product residue.
(g)
Plastic containers made of other resins or multiple resins shall
be free of product residue.
(10)
Steel containers shall be rinsed free of product residue.
B.
Other uncollectable recyclables. Subject to Town recycling rules,
waste tires may be delivered to the designated Town of Cedarburg dropoff
area for a per-tire disposal fee as set forth in the Town Fee Schedule.[1] Subject to Town recycling rules, consumer electronics
may be recycled during Town recycling events at the designated dropoff
area.
[1]
Editor's Note: The Fee Schedule is on file in the Town offices.
C.
Recycling collection fee. As authorized by § 66.0405, Wis. Stats., there is hereby created a residential collection district for a specified classification of residential properties defined as a "residential unit" in § 273-20.
(1)
Residential units shall be assessed a special charge as authorized by § 66.0627, Wis. Stats., and Town Code § 10-12, which shall be referred to as a residential recycling collection fee.
(a)
The amount of the special charge for the residential recycling
collection fee shall be an amount approved by the Town Board as part
of the annual budget or as listed in the Town's Fee Schedule. Such
residential recycling collection fee shall be made payable by insertion
of the special charge on the tax roll for all residential properties.
[Amended 1-4-2023 by Ord. No. 2023-1]
(b)
If a parcel of real property contains multiple residential units,
such parcel shall be imposed a special charge for each residential
unit on such parcel.
(c)
The special charge for the residential recycling collection
fee shall be included as a special charge on the tax bills sent out
in December and shall be due and payable in full at the time set for
payment on the first installment of the real estate property tax.
The special charge for residential recycling collection shall not
be payable in installments. If the special charge is not paid within
the period fixed by this ordinance, then such special charge shall
be deemed delinquent and shall be extended upon the current tax roll
as delinquent tax against the property and all proceedings in relation
to the collection return and sale of property for delinquent real
estate taxes shall apply to such special charge, except as otherwise
provided by Wisconsin Statute.
(2)
Whenever a residential property or a residential unit is established
and that residential property and/or unit had not been included in
the special charge imposed on the real estate tax bill for such parcel,
the Town Clerk shall charge by sending an invoice of the expense of
recycling collection to said property.
(a)
The said invoice shall be due and payable within 60 days of
date of invoice. The invoice shall not be payable in installments.
If the invoice is not paid within the period fixed by this ordinance,
then such special charge shall be deemed delinquent and shall be extended
upon the current tax roll as delinquent tax against the property and
all proceedings in relation to the collection return and sale of property
for delinquent real estate taxes shall apply to such special charge,
except as otherwise provided by Wisconsin Statute.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 273-21A through O:
(1)
Notify tenants in writing at the time of renting or
leasing the dwelling and at least semiannually thereafter about the
established recycling program.
(2)
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 post-consumer 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 § 273-21A through O 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 § 273-21A through O:
(1)
Notify in writing, at least semiannually, all users,
tenants and occupants of the properties about the established recycling
program.
(2)
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 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 post-consumer 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 material specified in § 273-21A through O from solid waste in as pure a form as is technically feasible.
C.
A person in the Town owning or occupying a new nonresidential
building or a building that is remodeled or expanded by 50% or more
in floor area shall provide a designated enclosed area of a design
approved by the Town Board for the separation, temporary storage and
collection of solid waste and recyclables either within or adjacent
to the building.
[Amended 10-4-2006 by Ord. No. 2006-11]
A.
Haulers who collect solid waste or recyclables in
the Town of Cedarburg for storage, treatment, processing, marketing
or disposal shall obtain and maintain all necessary municipal or state
permits, licenses and approvals prior to collecting any materials
in the Town of Cedarburg.
B.
The hauler or Town has the right to reject or leave
at the curb any recyclable material that is not prepared according
to the specifications in this article. Materials may also be left
if not separated from solid waste, not placed in the proper container,
or not designated recyclable materials for collection. The hauler
or Town also has the right to refuse to pick up any solid waste if
it contains recyclable containers and material. In such cases, the
hauler or attendant shall notify the generator of the materials about
the reasons for rejecting the items. The hauler shall also keep a
list of such occurrences and provide it to the Town of Cedarburg quarterly.
C.
The recycling haulers and processors operating in
the Town of Cedarburg are required to maintain records and report
in writing to the Town of Cedarburg Clerk or other designee at least
twice each year. Reports shall include the amount of solid waste and
recyclables collected and transported from the Town of Cedarburg.
Failure to report shall be cause for the municipality to revoke any
license or sever any contract with the hauler/processor.
[Amended 10-4-2006 by Ord. No. 2006-11]
D.
Haulers may not dispose in a landfill or burn in a
solid waste facility any recyclable materials generated in the Town
of Cedarburg that have been separated for recycling.
A.
Burning.
(1)
It shall be unlawful to burn or bury solid waste and
recyclables by residential and nonresidential sectors and at construction
sites, except open burning shall be permitted of clean wood (defined
as any wood that has not been chemically treated in any way) and paper
products and diseased vegetation, such as but not limited to anthracnose,
to control the spread of such vegetation.
(2)
Burning of any material is not permitted on a construction
site until an occupancy permit has been issued for the building being
constructed.
[Amended 7-5-2000 by Ord. No. 2000-17]
B.
Dumping.
(1)
It shall be unlawful for any person to dispose of
or dump garbage in any street, alley or other public place within
the Town of Cedarburg or in any receptacles or on private property
without the owner's consent and unless it is placed in bags or containers
in the manner and at the times specified by this article or any other
Town ordinance.
(2)
No person shall place for collection any garbage at
the roadside of a residential or nonresidential property not owned
or occupied by such person.
[Amended 10-4-2006 by Ord. No. 2006-11]
[Amended 10-4-2006 by Ord. No. 2006-11; 12-1-2010 by Ord. No.
2010-17; 12-3-2014 by Ord. No. 2014-16]
Upon placement of a cart for curbside collection or at a designated
dropoff area, any permitted recyclable and/or refuse contents become
the property of the Town of Cedarburg. Recyclable materials, upon
collection by any permitted collector, become the property of the
contractor for the Town. The scavenging and removal of recyclables
in the Town Yard shall not be permitted.
The Town of Cedarburg reserves the right to
designate additional solid waste materials as recyclable or current
materials as no longer recyclable in accordance with state law and
to either add or delete them from any collection services provided
by the municipality or its contractors. The municipality shall provide
written notice to its service recipients of this declaration.
[Amended 10-4-2006 by Ord. No. 2006-11; 12-3-2014 by Ord. No. 2014-16]
Recycling containers shall be placed out for
collection according to the scheduled days established and published
by the Town in the Town's recycling rules. The Town of Cedarburg shall
establish hours of operation of the Town Yard dropoff area and shall
publish and provide written notice of such hours at least once in
the spring and fall of each year and at any time when hours of operation
are changed.
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 § 273-23A through O which have been separated for recycling, unless to conform to changes made per § 273-31 above, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A.
For the purpose of ascertaining compliance with the
provisions of this article, any authorized officer, employee or designated
representative of the Town of Cedarburg may inspect recyclable materials
separated for recycling, post-consumer 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
designated representative of the Town of Cedarburg 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 violates a provision of this article
may be issued a citation by the Town Administrator or a Constable
at his discretion to collect forfeitures. The issuance of a citation
shall not preclude proceeding under any other ordinance or law relating
to the same or 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.
