[Adopted by Ord. No. 1-1994]
This article shall be known as the "Recycling
Ordinance for the Town of Holland."
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(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.
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 Ch. NR 544 standards in effect on the date of adoption
of this article or in effect on the date of the most recent text amendment
of this article.
The requirements of this article apply to all
persons within the Town of Holland Town limits.
The provisions of this article shall be administered
by the Town of Holland Town Board.
The provisions of this article shall take effect
on January 1, 1995.
For the purposes of this article, the following
terms shall have the meanings indicated:
A container for carbonated or malt beverages that is made
primarily of steel and aluminum.[2]
Corrugated paper board used in the manufacture of shipping
containers and related products.
A glass bottle, jar or other packaging container used to
contain a product that is the subject of a retail sale and 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.
[Added 2-13-2023 by Ord. No. 2023-02]
High-density polyethylene plastic containers marked by the
SPI Code No. 2.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, boiler, clothes
dryer, clothes washer, dehumidifier, dishwasher, freezer, furnace,
microwave oven, oven, refrigerator, stove or water heater.
[Amended 2-13-2023 by Ord. No. 2023-02]
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.
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 plastic containers marked by the
SPI Code No. 1.
[Amended 2-13-2023 by Ord. No. 2023-02]
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.
[Added 2-13-2023 by Ord. No. 2023-02]
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.
Includes lead acid batteries; major appliances; used oil;
yard waste; aluminum, steel and other metals; corrugated paper or
other container board; magazines; newspapers and office paper; glass
and glass containers; plastic and containers (No. 1 and No. 2), including
those made of PETE (No. 1) and HDPE (No. 2); steel containers; waste
tires; and bimetal containers.
[Amended 12-10-2007 by Ord. No. 1-2007]
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.
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, 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.
[Amended 2-13-2023 by Ord. No. 2023-02]
[1]
Editor's Note: The following definitions which
appeared in this section were deleted 12-10-2007 by Ord. No. 1-2007:
"foam polystyrene packaging," "LDPE," ”mixed or other plastic
resin types," "PP," "PVC" and "PS."
[2]
Editor's Note: The former definition of "brush and branches,"
which immediately followed this definition, was repealed 2-13-2023 by Ord. No. 2023-02.
Occupants of single-family and two- to four-unit
residences, multiple-family dwellings, nonresidential facilities,
places of business, industry or commerce, farms and governmental facilities
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.
H.
Glass containers.
I.
Magazines or other materials printed on similar paper.
J.
Newspapers or other materials printed on newsprint.
K.
Office paper.
L.
Plastic containers made of PETE (No. 1) and HDPE (No.
2).
[Amended 12-10-2007 by Ord. No. 1-2007]
M.
Steel containers.
N.
Waste tires.
The separation requirements of § 290-12 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 § 290-12 from solid waste in as pure a form as technically possible.
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 § 290-12 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.
[Added 8-9-2010 by by Ord. No. 3-2010]
A.
Purpose. The Town of Holland Recycling Facility shall be used only
by occupants of single-family and two- to four-unit residences for
the disposal of the recycling materials and other solid waste items
specified herein. No other items, including construction materials
and debris, and solid waste or recyclable materials from manufacturing,
commercial, retail, agricultural or other business operations, may
be disposed of at the Recycling Facility.
B.
C.
Solid waste items accepted. The following solid waste items shall
be accepted at the Town of Holland Recycling Facility:
(1)
Household furniture and furnishings, subject to payment of the
household item disposal fee established by resolution of the Town
Board.
(2)
Electronic devices, subject to payment of a disposal fee as
established by resolution of the Town Board.
(3)
Fluorescent bulbs, subject to payment of a disposal fee as established
by resolution of the Town Board.
[Amended 8-9-2010 by by Ord. No. 3-2010]
A.
Occupants of single-family and two- to four-unit residences shall
manage lead acid batteries, major appliances, waste tires, and engine
drain oil as follows:
(1)
Lead acid batteries shall be left with the retail business that sold the replacement battery or be delivered to the Town Recycling Facility as provided in § 290-14.1B.
(2)
Major appliances shall be disposed of by contacting an accepting vendor for disposal or be delivered to the Town Recycling Facility as provided in § 290-14.1B.
(3)
Waste tires shall be disposed of by the owner of the item by leaving
with the retail business that sold the replacement tires or be disposed
of by contacting an accepting vendor for disposal.
[Amended 12-9-2019 by Ord. No. 7-2019]
B.
Occupants of multiple-family dwellings and all nonresidential facilities
and properties shall manage lead acid batteries, major appliances,
waste tires, engine drain oil and yard waste as follows:
(1)
Lead acid batteries, major appliances, waste tires, and engine drain
oil shall be disposed of by the owner of the item by contacting an
accepting vendor and then delivering the item as directed.
(2)
Yard waste shall be disposed of by composting of the material on
the site at which it is produced or by arranging for disposal by an
accepting vendor.
[Amended 12-10-2007 by Ord. No. 1-2007]
Except as otherwise directed by the Town Board or its representatives, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of separated materials specified in § 290-12E through M:
A.
Steel/tin cans: rinse out can.
B.
Aluminum: rinse out thoroughly. Examples include TV
dinner trays, foil wrap, pot pie pans, aluminum cans, and siding.
C.
Clear and colored glass: rinse contents out of the
jar or bottle thoroughly and remove and discard the cover, lid, or
cap. Acceptable examples of containers include catsup, barbecue sauce,
salad dressing, pickle, jam, jelly, peanut butter, beer, liquor and
wine bottles. Nonacceptable materials include plate glass, ceramics,
clay items, and light bulbs.
D.
Plastic containers: rinse out thoroughly and remove caps and rings. Examples are milk jugs and liquid detergent bottles. All plastics identified as Nos. 1 and 2 shall be recycled except as specified in § 290-13.
E.
Magazines, newspapers, office paper and other printed
paper materials need not be separated from each other but should be
bundled, boxed, or packaged in such a way to avoid windblown distribution
of the paper around the recycling center grounds.
G.
The Town of Holland reserves the right to change any
of the methods of preparing and collecting the materials in this section
and shall provide a written notice to its residents of such changes.
A.
Owners or designated agents of multiple-family dwellings shall do the following for recycling the materials as specified in § 290-12E through M:
(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 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 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 as specified in § 290-12E through M from solid waste in as pure a form as technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following for recycling the materials specified in § 290-12E through M:
(1)
Provide adequate, separate containers for the separated
recyclable materials.
(2)
Notify tenants in writing at the time of renting or
leasing the facility or property and at least semiannually thereafter
about the established recycling program.
[Amended 12-10-2007 by Ord. No. 1-2007]
(3)
Provide for the collection of 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 processing requirements, collection methods or sites,
locations and hours of operation, and a contact person or company,
including name, address, and telephone number.
B.
A person in the Town of Holland owning or occupying
a new building or a building that is remodeled or expanded by 50%
or more in floor area shall provide a designated area for separation,
temporary storage, and collection of solid waste and recyclables either
within or adjacent to the building.
C.
The requirements specified in Subsection A do not apply to the owners or designate 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 materials specified in § 290-12E through M from solid waste in as pure a form as is feasible.
[Amended 12-10-2007 by Ord. No. 1-2007]
B.
No person or corporation shall engage in the business
of hauling recyclables within the Town of Holland limits without being
licensed by the Department of Natural Resources under § NR
502.06, Wis. Adm. Code.
C.
Haulers who collect solid waste or recyclables in
the Town of Holland for storage, treatment, processing, marketing,
or disposal shall obtain and maintain all necessary municipal and
state permits, licenses, and approvals prior to collecting any materials
in the Town of Holland.
D.
Recycling haulers and processors operating in the
Town of Holland are required to maintain records and report in writing
to the Town Clerk on or by December 31 each year. Reports shall include
the amount of solid waste and recyclables collected and transported
from the Town of Holland; the amount of solid waste and recyclables
processed and/or marketed by item type from the Town of Holland; and
the final disposal location of solid waste and recyclable material.
Failure to report shall be cause for the municipality to revoke any
license or sever any contract with the hauler/processor.
E.
Any hauling contractor operating in the Town of Holland
shall not transport for processing any recyclables to a processing
facility unless that facility has been approved by the Town of Holland
and by January 1, 1995, the facility has self-certified with the Department
of Natural Resources under § NR 544.16, Wis. Adm. Code.
[Amended 12-10-2007 by Ord. No. 1-2007]
Recyclable materials, upon placement at the
curb or collection site, shall become the property of the Town of
Holland. Recyclable materials, upon collection by any permitted collector,
shall become the property of the Town of Holland.
The Town of Holland reserves the right to designate
additional solid waste materials as recyclable or currently collected
materials as no longer recyclable in accordance with state law and
to either add or delete them from any collection services provided
by the Town of Holland or its contractors. The Town of Holland shall
provide written notice to its service recipients of this declaration.[1]
[1]
Editor's Note: Original § 1.20(2)
and (3), which immediately followed this section and provided a variance
and exemption for the period of 1-1-1995 through 12-31-1995, were
deleted 12-10-2007 by Ord. No. 1-2007.
A.
Any Town Board member or representative of the Town
Board of the Town of Holland may inspect recyclable materials separated
for recycling, post-consumer waste intended for disposal, collection
sites and facilities, collection areas of multiple-family dwellings
and nonresidential facilities and properties, solid waste disposal
facilities and solid waste treatment facilities, and any records relating
to recycling or solid waste disposal activities for the purpose of
ascertaining compliance with the provisions of this article. No person
may refuse access to any Town Board member or its representative of
the Town of Holland who requests access for the 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 a Town of Holland Town Board member or
by its representative 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 law or
ordinance 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 5-9-2011 by Ord. No. 3-2011]
(1)
Any person who violates § 290-14.1 may be required to forfeit $500 for a first violation, $1,000 for a second violation, and not more than $2,000 for a third or subsequent violation.
