[Adopted 6-13-1994 by Ord. No. 313]
This article shall be known as "Recycling Ordinance for City
of Hayward."
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 Chapter
NR 544, Wisconsin Administration Code.
This article is adopted as authorized under § 287.09(3)(b),
Wis. Stats., and Chapter 66, Wisconsin Statutes.
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 restriction, 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 Chapter NR 544,
Wisconsin Administrative Code, and where the article provision is
unclear, the provision shall be interpreted in light of the Wisconsin
Statutes and Chapter 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 corporate limits of the City of Hayward.
The provisions of this article shall be administered by the
Common Council of the City of Hayward.
The provisions of this article shall take effect on October
1, 1994.
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 a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI code No. 2.
Low-density polyethylene, labeled by the SPI code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, dehumidifier,
humidifier, water softener, furnace, clothes dryer, clothes washer,
dishwasher, freezer, microwave oven, oven, refrigerator, stove, water
heater, trash compactor or similar item.
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 resins labeled by the SPI code No. 7.
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.
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 § 144.44(7)(a)1,
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, foam polystyrene packaging, 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, and bimetal containers.
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. "Treatment" includes incineration.
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 stumps, roots or shrubs with
intact root balls.
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.
M.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 384-42 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 § 384-42 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 § 384-42 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, multiple-family
dwellings and nonresidential facilities and properties shall manage
lead-acid batteries, major appliances, waste oil, and yard wastes
as follows:
(1)
Lead-acid batteries shall be taken to any retailer that sells lead-acid
batteries.
(2)
Major appliances shall be directed to a site designate by the City
to accept the same.
(3)
Waste oil shall be taken to any area retail business that collects
oil.
(4)
Yard waste shall be directed to a compost site designated by the
City.
B.
A person may use yard composting or let yard waste lay where generated.
Except as otherwise directed by the City Council, 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 § 384-42E through O:
A.
Aluminum containers shall be rinsed clean and flattened. A person
may sell or bring the same to a recycling station, or store the same
for pickup.
B.
Bimetal containers shall be rinsed clean, top and bottom removed,
labels removed and flattened. A person may bring the same to recycling
station, or store the same for pickup.
C.
Corrugated paper or other container board shall be free of debris,
flattened, stacked and tied. A person may bring the same to recycling
station or store the same for pickup.
D.
Foam polystyrene packaging shall be free of debris, packaged and
brought to recycling station or stored for pickup.
E.
Glass containers shall be unbroken and rinsed clean. A person may
bring to recycling station or store same for pickup. It shall not
be necessary to remove labels.
F.
Magazines shall be bundled and tied with string or cord or as specified
by the hauler or recycling station. A person may bring the same to
recycling station or store the same for pickup.
G.
Newspaper shall be folded once, bundled and tied. A person may bring
the same to recycling station or store the same for pickup.
H.
Office paper shall be free of debris, bundled and tied. A person
may bring the same to recycling station or store the same for pickup.
I.
Rigid plastic containers shall be prepared and collected as follows:
(1)
Plastic containers made of PETE, SPI No. 1, including pop bottles
and juice bottles, shall have caps and ring removed. A person may
bring the same to recycling station or store the same for pickup.
(2)
Plastic containers made of HDPE, SPI No. 2, including milk jugs,
detergent bottles, oil containers, shall be rinsed clean, rings and
caps removed. A person may bring the same to recycling station or
store the same for pickup.
(3)
Plastic containers made of PVC, SPI No. 3, shall be rinsed clean,
caps and ring removed. A person may bring the same to recycling station
or store the same for pickup.
(4)
Plastic containers made of LDPE, SPI No. 4, shall be rinsed clean,
caps and ring removed. A person may bring the same to recycling station
or store the same for pickup.
(5)
Plastic containers made of PP, SPI No. 5, shall be rinsed clean,
caps and ring removed. A person may bring the same to recycling station
or store the same for pickup.
(6)
Plastic containers made of PS, SPI No. 6, including foam containers,
packaging or other Styrofoam, shall be rinsed clean, caps and ring
removed. A person may bring the same to recycling station or store
the same for pickup.
(7)
Plastic containers made of other resins or multiple resins, SPI No.
7, shall be rinsed clean, caps and ring removed. A person may bring
the same to recycling station or store the same for pickup.
J.
Steel containers shall be rinsed clean, flattened. A person may bring
the same to recycling station or store the same for pickup.
K.
Waste tires shall be brought to recycling station or returned to
retailer.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 384-42E 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 of 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 of this section 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 § 384-42E 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 § 384-42E 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 of this section 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 § 384-42E through O from solid waste in as pure a form as is technically feasible.
A.
Hauler licensing. No person or corporation shall engage in the business of hauling recyclables within the City of Hayward without being licensed by the City of Hayward under Article I of this chapter, as amended by Ordinance No. 310, and by DNR under § NR 502.06, Wisconsin Administrative Code, prior to collecting any materials in the City of Hayward. The City may, in its sole discretion, make determinations as to the number of licenses to be granted under the above-listed ordinance so that the best interests of the City are fulfilled.
B.
Disposal of garbage and recyclables. Antiscavenging or unlawful removal
of recyclables. It shall be unlawful for any person, unless under
contract with or licensed by the municipality, to collect or remove
any recyclable 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 recycling.
C.
No dumping. It shall be unlawful for any person to dispose of or
dump garbage in any street, or other public place within the City
of Hayward or in any receptacles or 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. No person shall place
for collection any garbage at the curb not owned or occupied by such
person.
D.
No burning or burying. It shall be unlawful to burn or bury recyclables
in residential and nonresidential sectors and at construction sites.
Open burning shall be permitted only of clean wood and paper products
and only with the permission of the City of Hayward Fire Chief or
his designate.
E.
Nondisposable materials. It shall be unlawful for any person to place
for disposal any of the following wastes: hazardous and toxic wastes,
chemicals, explosives, flammable liquids, paint, trees and stumps,
construction debris, carcasses, medical wastes (unless personal needles
which shall be contained in cardboard to eliminate injury to collection
personnel).
F.
Hauler restrictions. Haulers may not dispose in a landfill or burn
in a solid waste facility any recyclable materials generated in the
City of Hayward that have been separated for recycling. Haulers shall
not compact glass with paper during collection and transport recyclables
to a processing facility or market, and shall maintain materials in
marketable condition.
G.
Right to reject materials. The hauler or dropoff site attendant has
the right to reject or leave at the curb any recyclable material that
is not prepared according to the specifications in this article or
in education material provided by the contractor to the service recipients.
Materials may also be left if not separated from solid waste, placed
in the proper container, or are not designated recyclable materials
for collection. The hauler or dropoff site attendant 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 in writing or verbally. The hauler or site attendant shall keep
a list of such occurrences and provide it to the City of Hayward quarterly
or designated time period.
H.
Reporting requirements. The recycling haulers and processors operating
in the City of Hayward shall maintain records and report in writing
to the City Clerk/Treasurer at least twice each year. Reports shall
include: the amount of solid waste and recyclables collected and transported
from the City, the amount of solid waste and recyclables collected
and or marketed by item type from the City and the final disposal
location of solid waste and recyclable material. Haulers shall report
to the City the names and addresses of those customers by item type
if requested.
I.
Establish fees. The City and haulers shall establish fees for service
recipients for the payment of collection services for solid waste
and recyclables. Fees shall be assessed on a per-unit basis.
J.
Ownership of recyclables and refuse. Recyclable materials and refuse,
upon placement at the curb or delivered to the City recycling station,
shall become the property of the City or hauler.
K.
Exemptions. The City Council 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 City
or its haulers. The City shall provide written notice to its recipients
of this declaration in the local newspaper.
L.
Collection schedule. The City shall establish the time of collection
of solid waste and recyclables and the Clerk/Treasurer shall publish
written notice of the collection schedule at least once in the spring
and fall of each year and at any time when the collection schedule
is changed.
M.
Specified containers. Solid waste shall be placed for collection
in bags not to exceed 50 pounds per container or 30 gallons, and contained
in a manner to avoid litter. Recyclables shall be placed in designated
containers. All solid waste and recyclables shall be placed as required
at the specified collection point no sooner than 24 hours prior to
the regularly scheduled collection time or be allowed to remain at
the curb longer than 12 hours thereafter when serviced by a hauler.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the City of Hayward may issue citations for violations of this article
and shall have the right to 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 Hayward who requests access for purposes
of inspection, and who presents appropriate credentials. No person
may obstruct, hamper or interfere with such an inspection.
B.
C.
In addition to the forfeitures listed above, the City or any franchise holder shall have the right to judicially prohibit or restrain the operations of any person in violation of one or more terms of this article where such person is in violation hereof, including the condition where a person has not been granted a franchise or license under the terms of Article I of this chapter and Ordinance No. 310.
D.
In addition to the above, the court may impose the costs of prosecution,
including but not limited to reasonable attorney fees and actual jury
costs.
A.
With respect to the City of Hayward, issuance of citations under
§ 66.0113, Wis. Stats., is hereby authorized. Section 66.0113
is hereby incorporated in total by reference, including the citation
form requirements.
B.
The Clerk of Circuit Court, Sawyer County, Wisconsin, shall have
the authority to accept cash deposits for forfeitures and/or bond
pursuant to the schedule set forth below, or as ordered by the Circuit
Court for Sawyer County:
