The City of Weyauwega hereby finds and determines
that there is an increasing necessity to conserve natural resources
in landfill space and to promote recycling as mandated by state law.
In the age of shortages, conservation of recyclable material is an
important public concern. It is the purpose of this article to promote
recycling, composting, and resource recovery through the administration
of a mandatory recycling program, as provided in § 287.09,
Wis. Stats., and Ch. NR 544, Wis. Adm. Code, by the City of Weyauwega
in order to protect and promote the public health, safety and welfare.
This article is adopted as authorized under
§ 287.09, 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.
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. 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 boundaries of the City of Weyauwega.
The provisions of this article shall be administered
by the City Council of the City of Weyauwega.
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section:
BAGS
Clear, colorless plastic bags designated for refuse with
sufficient wall strength to maintain physical integrity when lifted
by top, with a capacity not to exceed 30 gallons and a loaded weight
of no more than 50 pounds.
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
CONTAINER GLASS
Includes container glass only. "Glass" does not include ceramic
cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant
glass such as Pyrex®, lead-based glass such as crystal, or television
tubes.
CORRUGATED CARDBOARD
Includes corrugated cardboard only. Does not include waxed
cardboard or chipboard such as cereal boxes, shoe boxes and similar
materials.
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, microwave oven (from which
the capacitor has been removed), refrigerator, stove, furnace, boiler,
dehumidifier, or water heater.
MIXED PAPERS
Includes all grades of papers, including white, colored,
ledger, shiny, coated, carbonless or NCR® papers; envelopes, including
windowed, labeled, and kraft; and magazines, phone books, computer
printout paper, glued pads and tablets, file folders, keypunch cards,
spiral notebooks, cereal boxes, shoe boxes, etc. Can include paper
clips and staples. Does not include hand towels or other paper products
from rest rooms or soiled napkins and paper plates. Also does not
include carbon paper, cellophane, or any waxed paper.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including
those which are occupied seasonally.
NEWSPAPERS
Includes newspapers and newspaper advertisements. Does not
include catalogues, magazines, cardboard, or other paper products.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential
facilities and properties.
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 BOTTLES
Includes only plastic bottles clearly marked with the recycling
emblem, encircling the No. 1 (PET or PETE) or the No. 2 (HDPE). Does
not include motor oil bottles, even if they are labeled No. 1 or 2.
POST-CONSUMER WASTE
Solid waste other than solid waste generated in the production
of goods or hazardous waste, as defined in § 289.01(17),
Wis. Stats.
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
Includes lead acid batteries, major appliances, waste oil,
yard waste, aluminum cans, container glass, corrugated cardboard,
mixed papers, newspapers, No. 1 through No. 7 plastics, tin cans,
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.
TIN CANS
Includes tin-coated metal cans and steel containers.
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.
The separation requirements of §
412-8 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 post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in §
412-8 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.
C. A recyclable material specified in §
412-8 for which a variance has been granted by the Department of Natural Resources under § 287.07(7)(d) or 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with §
412-8 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.
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 §§
412-8 and
412-11A which have been separated for recycling, except that waste tires may be burned with energy recovery in a solid waste treatment facility.
It shall be unlawful for any person, unless
under contract with or licensed by the City of Weyauwega, to collect
or remove any recyclable material that has been deposited or placed
at the curb for the purposes of collection for recycling.
It shall be unlawful for any person to place
for disposal any of the following waste: hazardous and toxic wastes,
chemicals, explosives, liquids, flammable liquids, paint, trees and
stumps, construction debris, carcasses, or medical wastes (unless
personal needles which shall be properly contained in a sharps container
to eliminate injury to collection personnel).
It shall be unlawful to bring refuse for disposal
(and recyclables) from outside the corporate limits into the City
of Weyauwega unless authorized by agreement with the City Council.