[HISTORY: Adopted by the Town Board of the Town of Genesee 3-14-1994 by Ord. No. 94-1. Amendments noted where applicable.]
The Town Board shall contract for the weekly removal of garbage, refuse and recyclables from single-family and two- to four-family dwellings. There is hereby established a fee for the removal of garbage/refuse/recyclables from single-family and two- to four-family properties. Said fee shall be the per-unit charge made to the Town by the firm providing said removal to the Town by contract and shall be paid monthly by the Town. The Town Clerk is hereby authorized and directed to bill the owners of each single-family and two- to four-family dwelling on an annual basis for this service. The fee shall be for the year January 1 to December 31 and shall be due in advance by October 15. In the event this fee is not paid by October 15 of each year, the Town Board elects to charge any unpaid balance as a special charge under authority granted by § 66.0627, Wis. Stats. The unpaid balance shall be entered on the tax bill as a special charge and shall be due on the date the first installment of real estate taxes is due.
The purpose of this chapter 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 chapter is adopted as authorized under § 287.09(3)(b), Wis. Stats.
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, other than Ordinance No. 91-10. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
Editor's Note: Ordinance No. 91-10 was specifically repealed by this chapter (Ordinance No. 94-1).
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 shall apply. Where a provision of this chapter is required by Wisconsin 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 Chapter 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.
The requirements of this chapter apply to all persons within the Town of Genesee, Wisconsin.
The provisions of this chapter shall be administered by the Town Board of the Town of Genesee.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- BIMETAL CONTAINER
- A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
- CONTAINER BOARD
- Corrugated paperboard used in the manufacture of shipping containers and related products.
- FOAM POLYSTYRENE PACKAGING
- 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.
- MAJOR APPLIANCE
- A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven from which the
capacitor has not been removed, oven, refrigerator, stove, hot water
heater, furnace, boiler and dehumidifier. "Major appliance" does not
mean a microwave oven from which the capacitor has been removed.[Amended 10-10-1994 by Ord. No. 94-9]
- MULTIPLE-FAMILY DWELLING
- A property containing five or more residential units, including those which are occupied seasonally.
- Newspaper and other materials printed on newsprint.
- NONRESIDENTIAL FACILITIES AND PROPERTIES
- Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
- OFFICE PAPER
- 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.
- OTHER RESINS or MULTIPLE RESINS
- 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.
- PLASTIC CONTAINER
- 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.
- POSTCONSUMER WASTE
- 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.
- RECYCLABLE MATERIALS
- 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.
- SOLID WASTE
- Has the meaning specified in § 289.01(33), Wis. Stats.
- SOLID WASTE FACILITY
- Has the meaning specified in § 289.01(35), 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.
- 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 four 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:
Lead acid batteries.
Corrugated paper or other container board.
Foam polystyrene packaging.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins.
The separation requirements of § 493-9 do not apply to the following:
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 § 493-9 from solid waste in as pure a form as is technically feasible.
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 solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 493-9 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.
Occupants of single-family and two- to four-unit residences shall manage these items as follows:
Lead acid batteries shall be placed curbside separate from other refuse and recyclables.
Major appliances shall be placed curbside.
Waste oil shall be placed curbside in tightly capped containers clearly labeled as oil.
Yard waste shall be placed curbside periodically upon notice to occupants. Acceptable yard waste consists of leaves, grass clippings and debris in clear plastic bags and tree limbs or brush not to exceed four inches in diameter and to be cut in four-foot lengths and tied in bundles.
Except as otherwise directed by the Town of Genesee, 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 § 493-9E through O:
Aluminum containers, bimetal containers, glass containers, foam polystyrene packaging, plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins and steel containers shall be cleaned of debris and placed in the yellow recycling bins.
Dry paper shall be placed in clear plastic bags. Dry paper includes magazines, office paper, newspapers, phone books, cardboard boxes and mixed paper.
Waste tires shall be set curbside. Each household is limited to disposal of two tires per week.
Large corrugated cardboard boxes and sections (appliance/furniture boxes, etc.) shall be set out empty and free of wood, Styrofoam and plastic packing materials. Other corrugated cardboard boxes shall be flattened and tied.
All recyclables are to be set curbside, separated from other refuse, by 6:00 a.m. of the day designated by the Town for collection, but no earlier than 24 hours prior to the scheduled pickup.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 493-9E through O:
Provide adequate, separate containers for the recyclable materials.
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
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.
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.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer 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 § 493-9E through O from solid waste in as pure a form as is technically feasible.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 493-9E through O:
Provide adequate, separate containers for the recyclable materials.
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
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.
Notify users, tenants and occupants of reasons to reduce and recycle, 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.
The requirements specified in Subsection A 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 § 493-9E through O from solid waste in as pure a form as is technically feasible.
All nonrecyclable materials shall be grouped together and placed in one or more plastic garbage bags or covered garbage cans weighing not more than 70 pounds for garbage collection purposes. Nonrecyclable materials shall include the following:
Glass. All Pyrex glass, window glass, light bulb glass, mirrors, broken glass and china shall be considered nonrecyclable glass.
Paper. All waxed paper, waxed cardboard, envelopes with gummed labels and envelopes with plastic windows shall be considered nonrecyclable paper.
All other garbage and refuse not qualifying as recyclable material.
Items which will not be collected are as follows:
From the time of placement at the curb by anyone of the categories described herein for collection by the Town of Genesee in accordance with the terms hereof, items shall be and become the property of the Town of Genesee or its authorized agent. It shall be a violation of this chapter for any person unauthorized by the Town of Genesee to collect or pick up or cause to be collected or picked up any such items during the twenty-four-hour period commencing at 6:00 p.m. on any day preceding a day designated for collection. Any and each such collection in violation hereof shall constitute a separate and distinct offense.
Refusal to separate recyclables in compliance with the terms of this chapter shall be cause for the Town's refuse collector to refuse to pick up such garbage or refuse. It shall be the responsibility of the property owner to properly dispose of any garbage or refuse not collected by the Town's refuse collector due to failure to separate recyclables.
For purposes of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the Town of Genesee may 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 Town of Genesee who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
Any person who violates a provision of this chapter may be issued a citation by local law enforcement officers or other designated person(s) 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.
In addition to, and not to the exclusion or prejudice of, the specific penalties provided in this chapter, each violation of any provision of this chapter shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.
[Amended 9-12-1994 by Ord. No. 94-6]