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Town of Addison, WI
Washington County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Town Board of the Town of Addison as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 262.
Property maintenance — See Ch. 277.
[Adopted 9-15-1994 by Ord. No. 94-10]
The purpose of this article 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.
This article is adopted as authorized under § 287.09(3)(b), Wis. Stats, or its successor provision.
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 article 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 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 Town of Addison.
The provisions of this article shall be administered by the Town Board of the Town of Addison or its designee.
These provisions pursuant to Ch. NR 544, Wis. Adm. Code, must take effect on or before January 1, 1995. The provisions of this article shall take effect on November 1, 1994.
For the purpose of this article, 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.
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, microwave oven, oven, refrigerator, stove, residential or commercial furnaces, boilers, dehumidifiers and water heaters.
MIXED OR OTHER PLASTIC RESIN TYPES
Plastic containers marked by the SPI Code No. 7.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A 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.
PERSON
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.
PETE
Polyethylene terephthalate plastic containers marked by the SPI Code No. 1.
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.
PP
Polypropylene plastic containers marked by the SPI Code No. 5.
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 containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspapers; office paper; plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types; 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 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 or other materials printed on similar paper.
K. 
Newspapers or other materials printed on newsprint
L. 
Office paper.
M. 
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and mixed or other plastic resin types.
N. 
Steel containers.
O. 
Waste tires.
The separation requirements of § 300-9 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 § 300-9 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 is 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 § 300-9 for which a variance or exemption 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 § 300-9 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-family 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. 
Lead acid batteries shall be unbroken and taken to a commercial establishment that accepts batteries.
B. 
Clothes dryers, clothes washers, dishwashers, ovens, and stoves shall be placed in designated areas during scheduled times at the recycling center. All doors must be removed from all appliances. Scrap iron shall be placed in designated areas during scheduled times. Residential and commercial air conditioners, freezers, microwave ovens, refrigerators, and dehumidifiers shall be taken to a commercial establishment that accepts such appliances.
C. 
Waste oil shall be prepared as directed and taken to a commercial establishment that accepts waste oil.
D. 
Yard waste shall be placed as directed at the recycling center.
Except as otherwise directed by the Town Board of the Town of Addison, 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 § 300-9E through O:
A. 
Aluminum containers shall be rinsed free of product residue, crushed, kept dry and prepared as directed.
B. 
Bimetal containers shall be rinsed free of product residue, crushed, kept dry and prepared as directed.
C. 
Corrugated paper or other container board shall be free of debris, flattened, kept dry, and properly tied or packaged.
D. 
Foam polystyrene packaging shall be free of debris, flattened, kept dry, and properly tied or packaged.
E. 
Glass containers shall be rinsed free of product residue with covers removed, kept dry and prepared as directed.
F. 
Magazines or other materials printed on similar paper shall be kept dry, separated from newsprint and properly tied or bagged.
G. 
Newspapers or other materials printed on newsprint shall be kept dry and properly tied or bagged.
H. 
Office paper shall be in cardboard boxes, kept dry and tied together.
I. 
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS or mixed or other plastic resin types shall be rinsed free of product residue with covers removed, kept dry, crushed and prepared as directed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
J. 
Tin/steel containers shall be rinsed free of product residue, shall have labels removed, kept dry, crushed and properly packaged.
K. 
Waste tires shall not be accepted and shall be taken to commercial establishments that accept tires.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 300-9E through O:
(1) 
Provide adequate, separate containers for 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 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 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 § 300-9E 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 for recycling the materials specified in § 300-9E 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 contract 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 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 § 300-9E through O from solid waste in as pure a form as is technically feasible.
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 § 300-9E through O which have been separated for recycling, except 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 Town of Addison, 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.
It shall be unlawful for any person to place for disposal any of the following wastes: hazardous and toxic waste, chemicals, explosives, flammable liquids, paint, trees and stumps, construction debris, carcasses, and medical wastes (unless personal needles which shall be contained in cardboard to eliminate injury to collection personnel).
It shall be unlawful for any person to bring refuse for disposal (and recyclables) from outside the corporate limits into the Town of Addison, unless authorized by written agreement with the municipality.
The Town of Addison has the right to reject any recyclable material that is not prepared in accordance with the specifications of §§ 300-12 and 300-13 of this article.
The Town Board of the Town of Addison 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 services provided by the Town of Addison. The Town of Addison shall provide written notice to its residents of this declaration.[1]
[1]
Editor's Note: Original § 1.24, Applicable date for certain recyclable materials, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Any authorized officer, employee or representative of the Town of Addison may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, collection sites and facilities, collection vehicles, 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 activities, for the purpose of ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the Town of Addison who requests access for 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 the Town Board Supervisors, Town Chairman, Town Clerk of the Town of Addison, Washington County Sheriff's Department or any law enforcement agency designated by the Town Board from time to time 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Penalties for violating this article may be assessed as follows:
(1) 
Any person who violates § 300-16 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article, except § 300-16, may be required to forfeit not less than $10 nor more than $1,000 for each violation.