[HISTORY: Adopted by the Town Board of the
Town of Winneconne 10-20-1994 as Ch. 13 of the 1994 Code. Amendments noted where applicable.]
A.
Title. This chapter shall be titled "Solid Waste Disposal
and Mandatory Recycling."
B.
Purpose. To the extent permitted by law, this chapter
is intended to serve as a municipal waste flow control ordinance in
conjunction with program activities of Winnebago County and its Solid
Waste Management Board. It is intended by this chapter to establish
regulations that reduce the amount of solid waste and other disposables
in landfills and thus protect the public health, public welfare and
the environment. In so doing, this chapter is to promote recycling,
composting, and resource recovery through the administration of an
effective recycling program in the Town and to allow the Town to comply
with Ch. 287, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, or their
successor provisions.
D.
Abrogation and greater restrictions. It is not intended
by this chapter 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 chapter
imposes greater restrictions, the provisions of this chapter shall
apply.
E.
Interpretation. In their interpretation and application,
the provisions of this chapter 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 chapter may be inconsistent or conflicting, the more restrictive
requirements or interpretation shall apply. Where a provision of this
chapter is required by state statutes, or by a standard in Ch. NR
544, Wis. Adm. Code, and where the chapter 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 chapter, or in effect on the date of the most recent text
amendment to this chapter.
F.
Applicability. The requirements of this chapter apply
to all persons within the Town of Winneconne, Winnebago County, Wisconsin.
G.
Administration. The provisions of this chapter shall
be administered by the Town Board or its designee.
H.
Effective date. This chapter shall take effect on
January 1, 1995.
Whenever any of the following terms are used
in this chapter, such terms shall be deemed and construed to have
the meaning ascribed to them as follows:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
A receptacle designed for the purpose of collection of recyclable
materials. For the Town, containers will be transparent thirteen-
to thirty-gallon bags. Required containers for other portions of the
solid waste stream shall be as specifically designated in other portions
of this chapter.
Corrugated paper board used in the manufacture of shipping
containers and related products.
The person, corporation or partnership performing recyclable
materials collection and processing under this chapter as well as
solid waste collection and disposal.
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 (DNR).
High-density polyethylene labeled by SPI Code No. 2.
Low-density polyethylene labeled by SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, furnace, boiler, dehumidifier or water heater.
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 SPI Code No. 7.
A property containing five or more residential units, including
those which are occupied seasonally.
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 printouts
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 government unit as defined in § 66.0131(1)(a), Wis.
Stats., state agency or authority or federal agency.
Polyethylene terephthalate labeled by SPI Code No. 1.
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 SPI Code No. 5.
Polystyrene labeled by SPI Code No. 6.
Polyvinyl chloride labeled by SPI Code No. 3.
Includes lead acid batteries, major appliances, waste oil,
yard waste, aluminum containers, corrugated paper or other container
board, foam polystyrene packaging, glass containers, magazines, newspaper,
office paper, rigid plastic containers, including those made of PETE,
HDPE, PVC, LDPE, PP, PS, and mixed or other resins or multiple resins,
steel containers, waste tires and bimetal containers.
All matters produced from industrial or community life, subject
to decomposition, not defined as sewage or wastewater. This term does
not include appliances, stones, concrete, dirt, plaster, tires, batteries,
antifreeze, automotive engine waste oil, yard waste and building and
demolition materials.
A space occupied or designed for human occupancy by a person
or group of persons at any time during the year within the limits
of the Town which constitutes a separate household occupied by a person
or group of persons. Each residential space on a farm or other property
containing more than one such space shall be considered a residential
unit. Residential spaces in properties containing more than four residential
units are not included. Residential space in an operating business
with commercial dumpsters is not included. A residential unit shall
be considered occupied when domestic light and power services are
supplied thereto.
[Amended 1-15-2009]
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.
A container for beverage or food that is made primarily of
a combination of steel and tin.
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 yard and garden debris and
brush in excess of six inches in diameter, stumps, roots or shrubs
with intact root balls.
A.
Residential areas.
B.
Multiple-family dwellings and industrial areas. Solid
waste shall be collected only from residential units and churches.
No collection is provided by the Town from commercial and industrial
establishments or multiple-family dwellings. These establishments
must arrange for collection and disposal of all of their solid waste
and recyclables in a manner required by this chapter.
[Amended 1-15-2009]
A.
Placement for pickup.
(1)
Containers must be set out by 6:00 a.m. on the collection
date. A charge per occurrence as set by the Town Board will be assessed
when the Town or its contractor must return to pick up a container
set out after the regularly scheduled pickup has occurred.
(2)
"Roadside" refers to that portion of the right-of-way
adjacent to paved or traveled public roadways. Containers shall be
placed as close to the roadway as practicable without interfering
with or endangering the movement of vehicles or pedestrians. When
construction work is being performed in the right-of-way, containers
shall be placed as close as practicable to an access point for the
collection vehicle.
(3)
Private roads that are capable of handling the smallest
size and weight vehicle the Town's contractor has shall be included
in the collection route, provided that the contractor can obtain permission
from the owners and parties having maintenance responsibility for
these roads, which includes a release of liability from the owners
of the private roads. In the event permission cannot be obtained,
only those materials that are left adjacent to the right-of-way of
the intersecting public roadway near the point of its intersection
with the private roadway will be picked up.
A.
Separation. 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:
(1)
Lead acid batteries.
(2)
Major appliances.
(3)
Waste oil.
(4)
Yard waste.
(5)
Aluminum containers.
(6)
Bimetal containers.
(7)
Corrugated paper or other container board.
(8)
Foam polystyrene packaging.
(9)
Glass containers.
(10)
Magazines or other materials printed on similar
paper.
(11)
Newspapers or other materials printed on newsprint.
(12)
Office paper.
(13)
Rigid plastic containers made of PETE, HDPE,
PVC, LDPE, PP, PS, and mixed or other resins or multiple resins.
(14)
Steel containers.
(15)
Waste tires.
B.
The Town Board reserves the right to designate by
resolution additional solid waste items as recyclable material to
be separated and/or collected by the Town or its contractor. The Town
Board also reserves the right, after a variance has been obtained
from DNR under § 287.11(2m), Wis. Stats., or its successor
provision by the Town or the county, to so designate that certain
solid waste items be deleted from those included as recyclable materials.
The Town Board shall provide written notice to known occupants and
contractors affected by these changes. The Town Board shall direct
how added or deleted items shall be handled.
C.
Exemptions. The separation requirements of Subsection A do not apply to the following:
(1)
Occupants of single-family and two- to four-unit residences, multiple-family residences and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the State DNR that recovers the materials specified in Subsection A from solid waste in as pure a form as technically feasible.
(2)
Solid waste from these occupants 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.
D.
Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection A hereof 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. Recyclables shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
[Amended 7-16-2009]
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties,
except as otherwise directed by order of the Town Board, shall manage
lead acid batteries, major appliances, waste oil and yard waste as
follows:
A.
Batteries. Batteries shall not be picked up. Producers may take the
batteries to a retail establishment that sells such batteries, designated
Winnebago County solid waste battery collection site or any other
lawfully designated collection site. The producer is responsible for
any charges imposed by the sites to which the batteries are delivered.
B.
Major appliances. Major appliances may be disposed of by contacting
the Town's contracted hauler or by delivery to the designated
county solid waste collection site. The producer is responsible for
the cost imposed by either of these two facilities.
C.
Waste oil. Producers may deliver waste oil to an oil retailer who
has facilities for its recovery or deliver it to the designated county
solid waste collection site. Producers are responsible for any charges
imposed by the receiving facility.
[Amended 4-21-2005; 1-15-2009; 7-16-2009]
A.
Solid waste other than recyclables.
(1)
All garbage and other refuse shall be stored in containers distributed
by the Town.
(2)
The containers shall be kept clean and in a sanitary condition. Maintenance
and repair of all containers shall be the responsibility of the property
owner.
(3)
Animal feces shall be properly disposed of by wrapping it in paper
and then placing it in a suitable plastic disposable container.
(4)
Except as otherwise specifically provided, stones, concrete, dirt,
tires, batteries, antifreeze, medical waste, hazardous substances
and automotive engine waste are not allowed in the solid waste stream
and will not be picked up except as otherwise provided in this chapter.
Any container with such prohibited materials will not be picked up.
(5)
Materials such as couches, bulky items and other items not otherwise
provided for in this chapter, appliances and other items containing
metal, which include but are not limited to engines, car parts, swing
sets, piping, springs, lawn mowers and bicycles, require special arrangements
for disposal and must be kept separate from other solid waste. They
shall be disposed of, at the producer's expense, by contacting
a state- and Town-licensed hauler or delivery to the designated county
solid waste collection site.
(6)
If solid waste materials are not prepared according to the provisions
of this chapter, or are not placed in suitable containers or locations,
or if a container is damaged, employees of the Town's contractor
shall tag these containers, and pickup shall not be made until the
condition is remedied in compliance with this chapter.
B.
Recyclables. Except as otherwise directed by order of the Town Board, occupants of single-family and two- to four-unit residences shall do the following for the proper preparation and recyclable material collection of the separated materials specified in § 264-5A(5) to (15).
(1)
Aluminum containers shall be rinsed clean and commingled in blue
recycle totes with other recyclable items and placed at roadside for
collection.
(2)
Bimetal containers shall be rinsed clean and commingled in blue recycle
totes with other recyclable items and placed at roadside for collection.
(3)
Corrugated paper and other container board shall be flattened and
commingled in blue recycle totes with other recyclable items and placed
at roadside for collection.
(4)
Glass containers shall be rinsed clean and commingled in blue recycle
totes with other recyclable items and placed at roadside for collection.
Caps and lids must be removed.
(5)
Magazines or other materials printed on similar paper shall be commingled
in blue recycle totes with other recyclables.
(6)
Newspaper or other materials printed on newsprint shall be commingled
in blue recycle totes with other recyclables.
(7)
Office paper shall be commingled in blue recycle totes with other
recyclables.
(8)
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other
plastic containers made of mixed or other plastic resin types shall
be rinsed clean and commingled in blue recycle totes with other recyclables.
(9)
Tin/steel containers shall be rinsed clean and commingled in blue
recycle totes with other recyclable items and placed at roadside for
collection.
(10)
Waste tires may be taken to the designated county solid waste
collection site or special arrangements can be made for their pickup
or delivery to the Town's contracted hauler or other state-licensed
hauler. The producer is responsible for any additional charges in
regard to tires.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 264-5A(5) to (15):
(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 recyclable material 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 post-consumer waste generated within the dwelling is treated at a processing facility licensed by the DNR that recovers for recycling the materials specified in § 264-5A(5) to (15) 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 for recycling the materials specified in § 264-5A(5) to (15):
(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 recyclable material 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 post-consumer waste generated within the facility or property is treated at a processing facility licensed by the DNR that recovers for recycling the materials specified in § 264-5A(5) to (15) from solid waste in as pure a form as is technically feasible.
No person may dispose of recyclable materials in a solid waste disposal facility or burn in a solid waste treatment facility any of the recyclable materials specified in § 264-5A(5) to (15) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
A.
Licenses. No person or corporation shall engage in
the business of collecting solid waste or recyclables within the Town
for storage, treatment, processing, marketing or disposal without
first being licensed by the DNR under § NR 502.06, Wis.
Adm. Code, and by the Town.
B.
Restrictions. Haulers may not dispose in a landfill
or dispose in a solid waste facility any recyclable materials generated
in the Town that have been separated for recycling. Haulers shall
not compact glass with paper during collection and transport of recyclables
to a processing facility or market and shall maintain materials in
marketable condition.
Any contractor operating in the Town shall not
transport for processing any recyclables to a processing facility
unless that facility has been, by January 1, 1995, self-certified
with the Wisconsin Department of Natural Resources under § NR
544.16, Wis. Adm. Code.
A.
Antiscavaging or unlawful removal of solid waste.
It shall be unlawful for any person, unless under contract with or
licensed by the Town, to collect or remove any material that has been
deposited or placed at the curb or in a container adjacent to a home
or nonresidential building for the purposes of collection for disposal
or recycling.
B.
No dumping. It shall be unlawful for any person to
dispose of or dump solid waste in any street, alley, or public place
within the Town or in any receptacles on private property without
the owner's consent, unless it is placed in bags or containers in
the manner and at the time specified by this chapter. No person shall
place for collection any solid waste at the road right-of-way adjoining
land not owned or occupied by such person.
C.
Burning and burying. It shall be unlawful to burn
or bury solid waste or recyclables other than yard waste by residential
and nonresidential sectors and at construction sites. Open burning
shall be permitted only of clean wood, yard waste and nontreated paper
products.[1]
D.
Nondisposable materials. It shall be unlawful for
any person to place for disposal any of the following wastes: hazardous
and toxic waste, chemicals, explosives, flammable liquids, liquid
paint, trees and stumps, construction debris, carcasses, and medical
wastes, except that personal needles contained in rigid containers
to eliminate injury to collection personnel can be placed for disposal
with other landfill refuse.
E.
Garbage from outside of municipality. It shall be
unlawful to bring solid waste for disposal and recycling from outside
the Town boundaries into the Town unless authorized by agreement with
the Town.
The municipality shall determine the cost for
regular and special solid waste and recycling collection and user
fees to cover those costs. Fees shall be assessed as a line item on
taxes under § 66.0627, Wis. Stats., on a yearly basis for
up to no more than two cubic yards from a single producer on a collection
day from residential units and churches.
Title to all materials, other than recyclables,
shall pass to the Town's contracted hauler when placed in the contractor's
collection vehicle, removed by the contractor from a container, or
removed by the contractor from a residential unit, whichever occurs
last. Title to recyclables shall pass to Winnebago County when placed
in the Town contractor's collection vehicle, removed by the contractor
from the container, or removed by the contractor from the residential
unit, whichever occurs last.
The hauler has the right to reject or leave
at the roadside any recyclable material that is not prepared according
to the specifications in this chapter or in educational material provided
by the contractor or Town to the producers. Materials may also be
left if not separated from solid waste, placed in the proper container,
or not designated recyclable materials for collection. The hauler
also has the right to refuse to pick up any solid waste if it contains
recyclable containers and material. In such cases, the hauler shall
notify the producer of the materials as to the reasons for rejecting
the items either verbally or in writing. The hauler shall also keep
a list of such occurrences and provide it to the Town Clerk for a
designated time period as determined by the Town Board.
The recycling haulers and processors operating
in or for the Town are required to maintain records and report in
writing to the Town Clerk at least twice each year.
A.
Inspection. For the purpose of ascertaining compliance
with the provisions of Ch. NR 544, Wis. Adm. Code, or its successor
chapter and compliance with this chapter, any authorized officer,
employee or representative of the Town may, under § 66.0119,
Wis. Stats., or its successor sections, and under Ch. NR 544, Wis.
Adm. Code, or its successor provisions, inspect recyclable materials
in the Town separated for recycling; inspect post-consumer waste in
the Town intended for disposal; inspect any recyclable material collection
locations and any other collection facilities and collection vehicles
in the Town, including any collection areas for single-family and
two- to four-unit residential dwelling units, multiple-family dwelling
units and nonresidential facilities and properties that are controlled
by any occupants, any contractor of the Town, any permitted collector,
or any other person participating in any recycling activity in the
Town, any solid waste disposal facilities and solid waste treatment
facilities; and, in addition, inspect any records relating to recyclable
material activities of any occupants, any contractor for the Town,
any permitted collectors or other persons in the Town. These records
shall be kept confidential by the Town Board when necessary to protect
proprietary information.
B.
Penalties.
(1)
Any person who violates a provision of this chapter
may be issued a citation by the Town under this chapter 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.
