[HISTORY: Adopted by the Town Board of the Town of Vinland
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 8, Ch. 3, of the 2004 Code]
This article is entitled the "Town of Vinland Recycling Ordinance."
The purpose of this article is to establish and implement a recycling
ordinance pursuant to § 287.11, Wis. Stats., and Ch. NR
544, Wis. Adm. Code.
The Town Board of the Town of Vinland is a "responsible unit,"
as defined by § 287.01, Wis. Stats. As such, the Town has
the authority under Ch. 287, Wis. Stats., as well as pursuant to its
village powers under § 60.10(2)(c), Wis. Stats., to plan,
develop, implement and operate an effective recycling program within
the Town.
In the construction of this article, the following rules shall
be observed unless such construction would be inconsistent with the
manifest intent of the article:
A.
The term "Wisconsin Statutes" whenever used in this article shall
mean the current Wisconsin Statutes unless otherwise noted;
B.
References to the male gender include the female and references to
the single include the plural. References to "person" extends to natural
persons, firms, corporations, partnerships or other entities;
C.
It is not intended by this article to repeal, abrogate, annul, impair
or interfere with any existing rules, regulations or ordinances or
permits previously adopted or issued pursuant to law. However, whenever
this article imposes greater restrictions, the provisions of this
article shall apply; and
D.
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 ordinance
provision is unclear, the provision shall be interpreted in light
of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code, standards
in effect on the date of the adoption of this article, or in effect
on the date of the most recent amendment to this article.
The requirements of this article apply to all persons residing
or doing business within the Town of Vinland.
The provisions of this article shall be administered by the
Vinland Town Board or its designee.
The following definitions shall be applicable in this article:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
A receptacle design for the purpose of curbside collection
of recyclable materials. Acceptable containers consist of transparent
thirteen- to thirty-gallon plastic bags.
The person, corporation or partnership performing recyclable
materials collection and processing under this article.
Discarded materials resulting from the handling, processing,
preparation, storage, cooking and consumption of food, and discarded
animal feces.
Any substance or combination of substances which may cause
or significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or which
may pose a substantial present or potential hazard to human health
or the environment. This term includes, but is not limited to, pesticides
and substances which are toxic, corrosive, flammable, irritants, strong
sensitizers or explosives as determined by the Department of Natural
Resources of the State of Wisconsin.
High-density polyethylene plastic containers marked by SPI
Code No. 2.
Low-density polyethylene plastic containers marked by SPI
Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
Infectious waste and those containers, packages and materials
that contain infectious waste or that are from a treatment area and
are mixed with infectious waste.
Plastic containers marked by SPI Code No. 7.
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 governmental unit as defined in § 66.0131(1)(a), Wis.
Stats., state agency or authority or federal agency.
Polyethylene terephthalate plastic containers marked by SPI
Code No. 1.
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 plastic containers marked by SPI Code No. 5.
The person whose ultimate use of a product results in solid
waste being generated, whether recyclable or not.
Polystyrene plastic containers marked by SPI Code No. 6.
Polyvinyl chloride plastic containers marked by SPI Code
No. 3.
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.
All matter produced from industrial or community life, subject
to decomposition, not defined as sewage or wastewater. This term does
not include appliances, stones, concrete, dirt, plaster, tires, batteries,
anti-freeze, automotive engine waste oil, yard waste, or building
and demolition materials.
A space which constitutes a separate household occupied by
a person or group of persons. Each residential space on a farm or
other property containing more than one such space shall be considered
a residential unit. Properties containing more than four residential
units are considered commercial and are not included. A residential
unit shall be considered occupied when domestic light and power service
are supplied thereto.
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.
A.
Recyclables designated. Occupants of single-family and two- to four-unit
residences, multiple-family dwellings and nonresidential facilities
and properties shall separate the following materials from post-consumer
waste:
(1)
Lead acid batteries.
(2)
Major appliances.
(3)
Waste oil.
(4)
Yard waste.
(5)
Aluminum containers.
(6)
Bimetal containers.
(7)
Corrugated paper or other container board.
(8)
Foam polystyrene packaging.
(9)
Glass containers.
(10)
Magazines or other materials printed on similar paper.
(11)
Newspapers or other materials printed on newsprint.
(12)
Office paper.
(13)
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and
mixed or other plastic resin types.
(14)
Steel containers.
(15)
Waste tires.
B.
Additional designations. The Town Board or Winnebago County reserves
the right to designate by order, in writing, additional solid waste
as recyclable materials to be separated by occupants and/or to be
collected by the Town or its contractor and to designate, after a
variance has been obtained by the Town Board from the Department of
Natural Resources under § 287.11(2m), Wis. Stats., or § NR
544.14, Wis. Adm. Code, or their successor provisions, currently separated
and collected recyclable materials as no longer recyclable material
to be separated and/or to be collected by the Town or its contractor
in the Town and to add or delete any of these materials or waste from
any recyclable materials collection services provided for or contracted
by the Town. The Town Board shall provide written notice to known
occupants affected by these changes and to any contractors of this
written order. Upon any designation notice to known occupants forwarded
by first class mail, the Town or its contractor may reject any recyclable
material waste or material determined to no longer be collected by
the Town or by its contractor. The Town Board shall direct whether
these recyclable materials not collected shall be separated from post-consumer
waste and how they shall be managed by any occupant of the Town.[1]
C.
Separation requirements exempted. The separation requirements of Subsection A above do not apply to any occupants of the Town regarding the following:
(1)
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 Subsection A from solid waste in as pure a form as is technically feasible.
(2)
Solid waste from these occupants 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 § 344-7 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,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil and
yard waste as follows:
A.
Lead and acid batteries shall be delivered to designated dropoff
stations.
B.
Major appliances shall be delivered to or picked up by licensed salvagers.
C.
Waste oil shall be delivered to designated dropoff stations.
D.
Yard waste may be delivered to designated sites as specified by the
Town Board or its contractor.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following for recycling the materials specified in § 344-7A:
(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 to a recycling facilities.
(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 dwelling 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 § 344-7A 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 materials specified in § 344-7A:
(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 the 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 set forth above do not apply to the owners or designated
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 this article from solid waste
in as pure a form as is technically feasible.
C.
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 this article which have been separated for recycling, except waste
tires may be burned with energy recovery in a solid waste treatment
facility.
A.
Hauler licensing. No person or corporation shall engage in the business
of hauling recyclables within the Town of Vinland without being licensed
by the Department of Natural Resources under § NR 502.06,
Wis. Adm. Code.
B.
Processing facilities. Any contractor operating in the Town of Vinland
shall not transport for processing any recyclable to a processing
facility unless that facility has been, by January 1, 1995, self-certified
with the Wisconsin Department of Natural Resources under § NR
544.16, Wis. Adm. Code.
C.
Burning or burying. It shall be unlawful to burn or bury solid waste
or recyclable materials other than yard waste by residential and nonresidential
sectors and at construction sites. Open burning shall be permitted
only in accordance with the applicable burning ordinance within the Town.
D.
Recyclables from outside of Town. It shall be unlawful to bring solid
waste for recycling from outside the corporate limits into the Town
of Vinland unless authorized by agreement with the Town.
E.
Established fees. The Town shall determine the cost for regular and
special recycling collection and user fees to cover those costs. Fees
shall be assessed as a line item on taxes pursuant to § 66.0703,
Wis. Stats., on a yearly basis for up to no more than two cubic yards
from a single producer on a collection day from residential units
and churches.
F.
Ownership of recyclables. Title to recyclables shall pass to Winnebago
County when placed in the Town's contractor's collection vehicle,
removed by contractor from the container, or removed by contractor
from the residential unit, whichever occurs last.
G.
Special item. Materials such as couches and bulky items and other
items not otherwise provided for this article shall be disposed of
by contacting a state-licensed hauler or by personal delivery to the
Winnebago County Landfill. Many items are also required to be recycled
under state law.
A.
Any authorized officer, employee or representative of the Town Board
or its contractors may inspect recyclable materials separated for
recycling, post-consumer 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 Board or its contractor who requests access for purposes
of inspection and who presents appropriate credentials. No person
may obstruct, hamper or interfere with such an inspection.
